Terms of Service

Genealogy Austria is dedicated to researching, creating, and preserving high quality, detailed genealogical research, while maintaining a constant commitment to client care and service. Before enlisting the services of Genealogy Austria, please review the following terms and conditions, which define your rights and benefits as a user of the Genealogy Austria Services (as defined below) (the “Terms” or the “Agreement”).

Genealogy Austria (hereinafter “we”, “our”, “us” or “Genealogy Austria”) conduct professional genealogy research services and provide genealogy research related products and materials (our “Services”). “You” or “your” means an adult client of our Services. The Website and the Services are offered from Austria. Use of the Services and the Website results in information being stored and processed by Genealogy Austria in Austria, and you specifically consent to Genealogy Austria’s storage and processing of the personal data you submit.

Genealogy Austria may provide you with information, photos, graphics, data, editorials, textual, educational and/or other material through our Services (“Content”). Most Content provided by Genealogy Austria is copyrighted by or licensed to Genealogy Austria, its agents, or third party providers, and may be used only in accordance with the limited use license below.

These Terms apply to all users of the Services on or after 1 April 2018.

1. LIMITED USE LICENSE

You are licensed to use the Content only for personal or professional family history research. You may use or cite Content only if it is relevant to that type of research and only if Genealogy Austria is listed as the source of that Content. The republishing of whole or significant portions of any Content or Services produced by “Genealogy Austria” is prohibited without the express written consent of Genealogy Austria.

Genealogy Austria holds no claim to copyrights for the copies of original records and other photocopied documents taken from books, abstracts and typescripts. Therefore, you can copy these materials in accordance with the current copyright laws, if applicable. However, any genealogist’s report that is sent to you as part of our Services is copyrighted material. An Genealogy Austria report cannot be reproduced in its entirety on web pages, electronic media, or in family newsletters without permission from us. Small portions of the genealogist’s report may be quoted, if properly cited and credited to Genealogy Austria, in any materials that you might create or allow others to create.

2. GENERAL TERMS

2.1 You must be 18 years or older to request or order our Services.

2.2 If you are interested in purchasing our Services, please provide a complete research request to Genealogy Austria online at https://genealogyaustria.com/contact/ or email to office@genealogyaustria.com. Once we have received a research request from you, we will reach out to you to discuss your research needs and collect additional information from you. If you decide to proceed, we will send you a payment request (PayPal) for the requested services and send you a Genealogical Services Agreement (the “Engagement Letter”) to sign. We must receive a signed Engagement Letter from you, along with the appropriate retainer (see Section 3.2), before we will begin providing Services. You agree that the specific Services provided to you by Genealogy Austria will be subject to both these Terms and the Engagement Letter. If there is a conflict or inconsistency between these Terms and the Engagement Letter, the provisions of the Engagement Letter shall control, but only to the extent of such conflict or inconsistency. If you don’t agree with any of these Terms or the Engagement Letter, or if you have any objections to our Privacy Statement you must not use the Services.

2.3 By using the Website or requesting our Services, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive information to Genealogy Austria directly or through the Website. 

2.4 When we’ve finished the research, you can expect to receive access to a detailed research journal, unless otherwise specified in the Engagement Letter. Family group sheets, pedigree charts and maps may be provided, as needed or requested in the Engagement Letter for illustration purposes. You may have the opportunity to purchase additional materials and/or products, which are not included in the Services and may have a separate cost associated with them. Any additional research will be included in a new Engagement Letter or an amendment to a previous Engagement Letter.

3. FEES AND PAYMENTS

3.1 The fee that you pay for our Services is for our expert time and attention. We bill hourly for our professional research services and expertise hour increments. We have a 5 hour minimum, and the estimated time for our Services will be included in the Engagement Letter agreed upon between you and us.

3.2 Retainer. If you purchase our Services, you must prepay by providing us with a retainer, the amount of which will depend on the Services you request and will be specified in your Engagement Letter. You may pay for Services by credit card (PayPal) or bank transfer. Upon completion, all research costs associated with our Services will be deducted from the retainer. Hourly labor costs will include the time it takes us to review previous research, correspond with you (e-mail, phone, postal mail), perform research, analyze our findings, and creating any deliverables (including, but not limited to, creating your family tree and writing reports). Other research costs include, for example, copying, postage, shipping and handling, long distance phone calls (to you and others, as applicable). If these other research costs are expected to exceed 10% of the retainer, we will contact you. If additional services beyond your retainer amount are required, we will contact you first to obtain your permission to continue and to ask for payment information. Once your retainer is exhausted, we may, at our sole discretion, suspend our services to you until we have received payment from you for additional services. The retainer for the first five (5) hours of Services is non-refundable.

3.3 Research sessions are handled in the order that the signed Engagement Letter and retainer were received. Unless otherwise specified in the Engagement Letter, sessions are often completed in 3-4 months from receipt of the Engagement Letter and retainer. However, there are times that research projects may extend past this time frame pending receipt of outside correspondence or availability of resources. In case of a delay extending past the 4 month period, we will notify you.

3.4 Unless otherwise specified in your Engagement Letter, if and when accounts become over 30 days past due, the account balance will be billed interest and finance charges in the amount of 1 and 1/2 percent per month (or the highest amount permitted by law, if lower than 1.5%) until the balance is paid in full.

4. CANCELLATION POLICY

In order to cancel the Services we are providing to you under a Engagement Letter, you must email us at office@genealogyaustria.com. If you cancel the Services, the cancellation will take effect upon our receipt of your notice, and we will then write a summary of the research conducted prior to receipt of the cancellation notice and calculate the total time spent and expenses incurred performing Services on your behalf. All our time and expenses will then be deducted from your prepaid retainer. If there is an outstanding balance, we will invoice you for the amount owed. The retainer for the first five (5) hours of Services is non-refundable. 

This section is without prejudice to any statutory cancelation rights that may apply in your place of residence.

Statutory Termination during the “Cooling Off Period”:

If you are based in the European Union, there is a 14 (fourteen) day “Cooling-off Period” commencing on the date the Engagement Letter is signed Genealogy Austria will not commence the Services until the Cooling-off Period elapses, unless expressly requested to do so. If you have not requested that we commence the Services during the Cooling-off Period, you may, without giving any reason, terminate a Service Agreement at any time during the Cooling-off Period and we will refund any amounts paid by you.

5. DISCLAIMERS

5.1 No Guarantees for Services. In purchasing our Services, you are engaging us to perform research on your behalf. Genealogy Austria conducts research in accordance with the highest professional standards and the Code of Ethics published by the Association of Professional Genealogists. Because of variables that can limit success (time allotted, common surnames, time period and place, records availability) during research, there is no guarantee that any specific or positive results will be obtained. We promise to do our best work, and that is all that we can offer.

5.2 No Warranties. We make no express warranties or representations as to the quality and/or accuracy of the Content or the Services, and we expressly disclaim any implied warranties, conditions and/or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content and the Services on an “as is” basis and do not accept responsibility for any use of or reliance on the Content or Services, or for any disruptions to or delay in the Services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Services. Genealogy Austria does not guarantee the adequacy of the Services or Websites or compatibility thereof to your computer equipment, mobile devices, or environment and does not warrant that the Website, the Service, their servers, or any emails which may be sent by us or on our behalf are free of viruses or any other harmful components.

5.3 Liability Disclaimer. To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Services. 

5.4 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of the Services.

6. MISCELLANEOUS

6.1 Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not without the written consent of Genealogy Austria assign or transfer any of your rights and obligations under these terms.

6.2 Disclosure of Information. You acknowledge and agree that Genealogy Austria may disclose your information if Genealogy Austria believes that it is required to do so by law, or that such disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the users, or the public.

6.3 Severability. In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

6.4 Waiver. Any failure by us to enforce any terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms be taken to be a waiver of the provision or provisions itself.

6.5 Governing Law. This Agreement is governed by the law of Austria. Any action to enforce this Agreement shall be brought in the courts located in Vienna.

6.6 Complete Agreement. This Agreement, including these Terms, the Privacy Statement, and any terms, conditions and policies expressly referenced herein, as well as any Engagement Letter(s) executed by you and Genealogy Austria, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Genealogy Austria.

7. CONTACT US

If you have any questions or comments, please send an email to office@genealogyaustria.com.

Official correspondence must be sent via postal mail to:

Genealogy Austria
Johann Hammer
Sandleitengasse 9-13/11/3
1160 Vienna
Austria