General Terms and Conditions
Austrian Institute of Economic Research ("WIFO")

 

1. Scope of the General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as "GTC") form an integral part of every contractual relationship concluded with the Austrian Institute of Economic Research, Arsenal, Objekt 20, 1030 Vienna, ZVR number 736 143 287 (hereinafter referred to as "WIFO", "we", "us"). The GTC apply to all current and future business transactions of WIFO in connection with deliveries, services and offers provided by WIFO to the contractual partner (hereinafter referred to as "contractual partner", "customer", "you"). This applies regardless of whether it concerns downloads from the WIFO website, data retrievals from the WDS – WIFO Data System, contractually regulated regular data deliveries, individual data deliveries, WIFO-Monatsberichte (monthly reports), WIFO memberships, subscriptions or other deliveries and services of WIFO (hereinafter referred to as "delivery").

All deliveries, services and offers of products, data and publications of WIFO are made exclusively on the basis of these GTC, unless written agreements have been made in individual cases. WIFO does not recognise any terms and conditions of the customer that conflict with or deviate from these GTC unless it has expressly agreed to their validity. Contractual fulfilment by WIFO shall not be deemed to be consent to contractual conditions deviating from these GTC.

2. Conclusion of contract

WIFO's services consist of providing current research results and contributions on national and international economic development on the basis of scientifically sound analyses and key figures on economic activity in Austria and abroad (in short: "data") in an easily accessible form.

In principle, WIFO offers the following deliveries to all natural and legal persons ("customers") with full legal capacity.

2.1 Free download

Various products, data and publications (such as studies, WIFO-Monatsberichte as PDF files, WIFO publication series, (sets of) tables, etc.) can be downloaded free of charge from the WIFO website (https://www.wifo.ac.at/).

2.2 WIFO-Monatsberichte (print)

The WIFO-Monatsberichte publish WIFO research findings and contributions on national and international economic developments based on scientifically sound analyses. In addition, key figures on the international and Austrian economic situation are published in the WIFO monthly reports.

Printed copies of the WIFO-Monatsberichte can be ordered via an order form on the WIFO website (https://www.wifo.ac.at/en/publications/wifo-monatsberichte). It is possible to order individual issues or to take out a subscription. The contract is concluded upon confirmation of the order or subscription by WIFO.

2.3 WDS – WIFO Data System

The WDS – WIFO Data System is an information system that imports various data sources from Austria and abroad, homogenises them and prepares them for scientific analyses and economic policy decisions.

A contract for the use of the WDS – WIFO Data System shall be concluded between WIFO and the customer as follows: upon request, WIFO shall provide the customer with a presentation of the content of the WDS – WIFO Data System, an agreement on the use of the WDS – WIFO Data System and these GTC. The customer is hereby invited to submit an offer. The contract shall be concluded upon signature by the parties.

2.4 Regular data deliveries

A data supply contract for regular data deliveries that do not include the WDS – WIFO Data System (cf. point 2.3) shall be concluded between WIFO and the customer as follows: Upon request, WIFO shall provide the customer with a data supply agreement and these GTC. The customer is hereby requested to submit an offer. The data supply contract is concluded when the parties sign the contract.

2.5 One-off data deliveries (spontaneous data requests)

A data supply contract for spontaneous (one-off) data supplies that do not use the WDS – WIFO data system (cf. point 2.3) shall be concluded between WIFO and the customer as follows: Upon request, WIFO shall provide the customer with the contents of the data, a calculation of the compensation for expenses and the present GTC. The customer is hereby requested to submit an offer. The data supply contract shall be concluded upon delivery of the data by WIFO.

3. Scope of services and terms of use

WIFO grants the customer the non-exclusive, non-transferable right to non-commercial use of the purchased content within the scope of the (data delivery) contract concluded with the customer and these GTC. The reproduction, distribution, rental, transmission, presentation and editing of the products, data and publications as well as their commercial use are not permitted without an individual contractual agreement or the prior written consent of WIFO. Similarly, the products, data and publications may not be made available online (including for distribution free of charge) without an individual contractual agreement or the prior written consent of WIFO. Authorised use of the products, data and publications is only permitted if the source is correctly cited as "Austrian Institute of Economic Research" or "WIFO".

The WDS – WIFO Data System, its form and content as well as the software used are protected by copyright. Any use beyond the GTC or beyond the expressly agreed use, e.g. of the contents of the WDS – WIFO Data System, is not permitted without the express consent of WIFO.

4. (Data) delivery

One-off and regular data deliveries shall be sent to an email address provided by the customer. Unless otherwise agreed, data shall be delivered within five working days of conclusion of the contract.

Data from the WDS – WIFO data system is downloaded independently by the customer using the software (WDS client) provided to them after conclusion of the contract and installed by the customer.

Products, data and publications that can be downloaded free of charge from the WIFO website are made available immediately via the download link.

Printed products (WIFO monthly reports) are usually delivered by post within five working days of receipt of the order, but in any case within 30 days, unless otherwise agreed.

5. Contract duration for subscriptions and memberships

5.1 Subscriptions

The minimum contract term for subscriptions relates to the current calendar year. The subscription is automatically renewed for the next calendar year unless it is cancelled by 15 November of the current year (by letter, fax or email to publikationen@wifo.ac.at).

5.2 Memberships

WIFO is constituted as an association. In addition to the rights and obligations of the various members defined in the WIFO statutes under § 4, (association) membership entitles the member to the following benefits, depending on the type of membership:

  • Full members receive the WIFO-Monatsberichte in printed form, the WIFO newsletter, the WIFO Annual Report and discounts on other WIFO services.
  • In addition to the services for full members, sponsoring members receive in advance the quarterly WIFO Economic Outlook, advance information on WIFO Business Cycle Reports as well as scientific advice with a reasonable time allowance.
  • In addition to the services for sponsoring members, WIFO partners receive access to the database via the WIFO Data System (WDS) as well as the offer of an annual keynote lecture by the WIFO Director.
  • Extraordinary members are entitled to receive the WIFO-Monatsberichte in printed form.

The minimum contract term for memberships (ordinary members, sponsors, WIFO partners and associate members) refers to the current calendar year. Membership is automatically renewed for the next calendar year unless ordinary and associate members notify their withdrawal in writing (by letter, fax or email to office@wifo.ac.at) by 30 September of the current calendar year at the latest, and sponsors and partners by 30 June of the current calendar year at the latest.

6. Prices and terms of payment

The prices at the time of conclusion of the contract shall apply. Unless otherwise agreed, the prices for continuing obligations are expressly agreed to be stable in value. The consumer price index 2020 published monthly by Statistics Austria or an index replacing it shall serve as a measure for calculating the stability of value.

The index figure calculated for the month in which the contract is concluded shall generally serve as the reference figure for the contract. For consumers, the index figure calculated for the third month after conclusion of the contract shall serve as the reference figure. The value adjustment within the first two months after conclusion of the contract is excluded (§ 6 paragraph 2 no. 4 KSchG). Upward or downward fluctuations in the index figure of up to 3 percent are not taken into account. This margin must be recalculated each time it is exceeded upwards or downwards, whereby the first index figure outside the applicable margin must always form the basis both for the redetermination of the claim amount and for the calculation of the new margin. All rates of change are to be calculated to one decimal place. The membership fees are set annually by the WIFO Executive Board.

All prices are in euros and include all domestic and international shipping costs. WIFO is exempt from VAT (prices do not include VAT).

Payment for the services included in the respective membership (see point 5.2) is made by paying the membership fee as an full member, sponsor, WIFO partner or extraordinary member. Payment for deliveries that are not included in the membership and payment for deliveries to non-members or non-supporters shall be made by (online) transfer to WIFO's bank account within 14 days of invoicing by WIFO.

If the customer is in default of payment, WIFO shall be entitled, at its discretion, to demand compensation for the damage actually incurred or default interest at the statutory rate. For consumers this is 4 percent p.a., for entrepreneurs: 9.2 percent p.a. above the base interest rate.

Should the customer fall into arrears with his/her payments, WIFO reserves the right to charge reminder fees. In the event of a default in payment for which WIFO is at fault, WIFO shall be entitled to charge such reminder fees as are necessary for appropriate legal prosecution and are in reasonable proportion to the demanded claim.

7. Right of cancellation according to § 11 FAGG

The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), may withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance contract – unless a legal exception applies – within 14 days without giving reasons.

In the case of contracts for the delivery of goods, the cancellation period begins on the day on which the consumer (customer) or a third party named by him/her, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which the consumer (customer) or a third party designated by him/her, who is not the carrier, has taken possession of the last goods.

In the case of a contract for the delivery of digital content ("data") not stored on a physical data carrier, the cancellation period begins on the day the contract is concluded.

It is sufficient if the consumer (customer) has sent the cancellation notice within the deadline. The declaration of cancellation can also be made electronically using the sample cancellation form available here (available in German only).

If the customer (if he/she is a consumer) wishes WIFO to take immediate action within the meaning of § 10 FAGG and has thus waived his/her right of withdrawal, delivery shall be made in accordance with point 4 otherwise delivery will be made after the cancellation period has expired.

8. Warranty and liability

WIFO undertakes to comply with the standards of good scientific practice. WIFO assumes no guarantee or liability for the completeness and accuracy of the products, data, publications and information content provided. In particular, except in cases of wilful intent, any liability for loss of profit as well as financial and consequential damages arising from the use of WIFO products, data, publications and query results from the WDS – WIFO Data System is expressly excluded.

WIFO operates its services with the greatest possible care, reliability and availability. However, WIFO does not guarantee that its services will be accessible without interruption, that the desired connections can always be established or that the stored data will remain stored under all circumstances. Except in cases of wilful intent, WIFO shall not be liable for any damage suffered by the customer as a result of disruptions to the query service.

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or – in the case of consumer transactions – to damage to items accepted for processing. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. The provisions on damages contained in these GTC or otherwise agreed upon shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

Furthermore, WIFO excludes the application of Section 7 Consumer Guarantee Act (VGG; updating obligation for goods with digital elements and digital services).

9. Data protection

WIFO and the Client are obliged to comply with the provisions of the Austrian Data Protection Act (DSG), the General Data Protection Regulation (GDPR) and any other statutory confidentiality obligations.

WIFO processes the personal data required for the purpose of contract fulfilment. The detailed data protection information (data protection declaration) in accordance with Art. 13ff GDPR can be found on our website at https://www.wifo.ac.at/en/privacy_policy_statement.

The customer is obliged to take all necessary data protection measures, in particular those within the meaning of the GDPR (e.g., obtaining the declaration of consent of the data subjects), so that WIFO may process the personal data for the purpose of the contractual relationship.

10. Place of fulfilment, contract language, choice of law, place of jurisdiction

The place of fulfilment is the registered office of WIFO. The contractual language is German. The contracting parties agree to Austrian domestic jurisdiction. If it is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of WIFO shall have exclusive local jurisdiction to decide all disputes arising from this contract.

This contract shall be governed by Austrian substantive law to the exclusion of the conflict of law rules of private international law (e.g., Rome Convention, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to a consumer to the extent that it does not restrict any mandatory statutory provisions of the country in which he/she has his/her domicile or habitual residence.

11. Amendment of the GTC

The customer shall be notified of amendments and additions to the GTC either in text form by post or by email before they take effect. The GTC shall become part of the contract unless the customer requests negotiations on the changes within a maximum of 14 days (28 days for consumers) of notification. If no result is achieved in these negotiations within a reasonable period of time, these changes shall not become part of the contract and both the customer and WIFO shall have the right to terminate the contractual relationship in writing by email (to office@wifo.ac.at). Unless otherwise agreed in the individual contract, the cancellation shall take effect upon receipt of the notice of cancellation by the contractual partner on the last day of the following month. In the case of members (full members, extraordinary members, sponsors or WIFO partners), the notice of cancellation shall take effect on the next possible cancellation date in compliance with the notice periods in accordance with point 5.2 shall take effect.

12. Final provisions

Should any provision of these terms and conditions be or become legally invalid or unenforceable in whole or in part, this shall not affect the legal validity of all other terms and conditions. The contracting parties shall replace the legally invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the content and purpose of the legally invalid or unenforceable provision.

All declarations of a legally binding nature based on this contract must be made in writing to the address of the other contracting party last notified in writing. If a declaration is sent to the last address provided in writing, it shall be deemed to have been received by the respective contractual partner.

The designation of the headings chosen for the individual chapters is solely for the sake of clarity and is therefore not to be used for the interpretation of this contract.

The assignment of individual rights and obligations under these GTC is only permitted with the express written consent of the other contracting party.

Status July 2023