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Terms of Service

Version 1.8 of 10 October 2026

Important note in advance: fussfessel-hilfe.at is a private, independent offering and not an authority. There is no connection with, cooperation with or mandate from the Austrian Federal Ministry of Justice, the prison institutions, the courts or the NEUSTART association. The service is a technical form-filling aid and not legal advice.

1. Contracting parties and scope

1.1 These terms apply to all contracts for the use of the EM House Arrest Application Assistant at fussfessel-hilfe.at.

1.2 The service is directed at consumers within the meaning of sec. 1 of the Austrian Consumer Protection Act (KSchG). The provisions of the Consumer Protection Act and of the Austrian Distance and Off-Premises Transactions Act (FAGG) apply without restriction.

1.3 The terms can be accessed before purchase and must be expressly confirmed before purchase.

2. Subject matter of the service

2.1 In a question-and-answer format, the assistant guides the user through the information required for an application for a custodial sentence to be served by way of electronically monitored house arrest (sec. 156c of the Austrian Prison Sentences Act (StVG)), and then transfers that information into the official forms. The result is a completed PDF file for printing and filing.

2.2 In addition, an application for payment by instalments and an application for leave (under sec. 99a, 126 (2) no. 4 or 147 StVG, also during electronically monitored house arrest) can each be produced as a separate PDF file. Here, too, only what the user enters is transferred; the provider does not comment on the content and has no influence on the decision of the competent authority. Points 2.4 to 2.6 apply equally.

2.3 Processing takes place entirely in the browser on the user's own device. No application data is transmitted to the provider.

2.4 No legal advice and no representation. The service consists solely of transferring text and of technical assistance with forms. There is no examination of the prospects of success, no legal assessment of the individual case, no advice within the meaning of sec. 8 (2) of the Austrian Lawyers' Act (RAO) and no representation before courts or authorities. For legal questions, lawyers, the legal aid scheme or a probation service are the competent points of contact.

2.5 No promise of success. Whether an application is granted is decided solely by the competent body. The provider gives no assurance of success and does not advertise with any such assurance.

2.6 The accuracy and completeness of the information entered is the sole responsibility of the user. The result must be checked before it is filed.

3. Conclusion of contract

3.1 The presentation of the offer is a non-binding invitation to place an order.

3.2 The contract is concluded upon completion of the payment process. Before that, these terms and the declaration under clause 6 must be expressly confirmed. The order button is labelled "order with obligation to pay" or an equally unambiguous wording (sec. 8 (2) FAGG); the service and the total price are displayed immediately before it.

3.3 Immediately after the purchase, the provider sends a confirmation of the contract by e-mail to the e-mail address given by the customer during the ordering process. It contains these terms, the withdrawal instructions together with the model withdrawal form and the declaration given on immediate provision, and serves as a durable medium within the meaning of sec. 7 (3) FAGG. The completed content of the application is not transmitted or stored in the process. This confirmation contains all the documents mentioned; a mere payment receipt is not sufficient for this purpose.

3.4 The contract is concluded in the following steps: (1) the user completes the assistant and sees a preview of the result; (2) the user confirms these terms and the declaration under clause 6; (3) the user is redirected to the payment service provider's checkout and completes it by placing an order with an obligation to pay. Input errors can be identified and corrected at any time before payment in the assistant and in the checkout; after the purchase, too, the entries can be changed in the assistant and the file regenerated. The language of the contract is German; these terms are additionally available in English translation, and in case of doubt the German version prevails. The text of the contract is transmitted with the confirmation under clause 3.3 and is available on the website.

4. Prices and payment

4.1 EM house arrest file as a sorted PDF file: EUR 69.00. Instalment application as a separate PDF file: EUR 9.90. Application for leave as a separate PDF file: EUR 9.90. The final price shown during the payment process is decisive.

4.2 Payment is processed via the payment service provider Mollie (Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands). Mollie handles the payment transaction only. The provider itself is the contracting party and the seller: it renders the service, issues the invoice and is the point of contact for the service, the warranty and withdrawal. Card and account details are processed exclusively by Mollie and are at no time visible to the provider. Available means of payment include the EPS online bank transfer, credit and debit card and Apple Pay; the selection actually offered during the payment process is decisive. The card or account statement shows the designation “EüH-Antragsassistent”; the name of the website does not appear there. The exact wording is assigned by the payment service provider and the account-holding bank, the provider has only indirect influence on it and it may change. Withdrawal under clause 6 is to be addressed to the provider, who ensures reversal and refund.

4.3 The provider is a small business pursuant to sec. 6 (1) no. 27 of the Austrian VAT Act 1994 and does not show value added tax. The prices stated are final prices; no value added tax is added. Only the total amount shown during the payment process is decisive. An invoice within the meaning of sec. 11 (6) of the Austrian VAT Act 1994 is transmitted together with the confirmation under clause 3.3.

5. Provision and repeat retrieval

5.1 After successful payment, the assistant is unlocked immediately.

5.2 The PDF file produced is generated locally in the browser and is available immediately.

5.3 To allow repeat retrieval, an entry is created in the browser's local storage which is automatically deleted after seven days at the latest. In addition, the confirmation under clause 3.3 contains a personal unlock code: it is valid for seven days from payment and for no more than three devices; whichever occurs first ends its validity. On a device that has already been unlocked, use within that period is possible any number of times. After that, further retrieval is no longer possible; there is no entitlement to it.

5.4 It is expressly recommended that the file produced be saved or printed immediately.

5.5 If the browser storage is cleared, private browsing mode is used or the device is changed, repeat retrieval is lost. The provider cannot restore the file, because it never received it.

6. Right of withdrawal and waiver of the right of withdrawal

Right of withdrawal

Consumers within the meaning of sec. 1 of the Austrian Consumer Protection Act have the right to withdraw from this contract within 14 days without giving any reason. For contracts for services and digital content the period is 14 days from the day the contract was concluded.

To exercise the right of withdrawal, an unambiguous statement (for example by e-mail) to the following address is sufficient:

Robert Thalhammer, Grabengasse 13/3/2, 2630 Ternitz, Austria
Contact form: https://fussfessel-hilfe.at/kontakt.html, E-mail: info@fussfessel-hilfe.at

Online via the "Withdraw from contract" button: it appears at the bottom of every page of fussfessel-hilfe.at and leads to the form at https://fussfessel-hilfe.at/en/withdraw.html. Your name, e-mail address and the invoice or order number (or the date of purchase) are sufficient; the statement is sent with the "Confirm withdrawal" button. Receipt is confirmed by e-mail without undue delay, stating the date and time.

The model withdrawal form reproduced below may be used for this purpose, but is not mandatory. Sending the statement in good time is sufficient to meet the deadline.

Consequences of withdrawal

In the event of a valid withdrawal, all payments received will be refunded without undue delay and at the latest within 14 days of receipt of the notice of withdrawal. The same means of payment used for the original transaction will be used for the refund; no fees are charged for this.

Immediate provision and early expiry of the right of withdrawal

The service (generating and providing the PDF) begins immediately after payment has been completed. A purchase is therefore only possible if the consumer, before paying, expressly requests that performance begin immediately and acknowledges that they thereby lose their right of withdrawal. Without this declaration the payment cannot be completed. Provision only after the withdrawal period has expired is not offered.

For digital content not supplied on a tangible medium, the right of withdrawal expires under sec. 18 (1) no. 11 FAGG only if all three conditions are met: the consumer has expressly consented to immediate performance, has acknowledged that they thereby lose their right of withdrawal, and the provider has supplied a confirmation of the contract on a durable medium. The provider sends this confirmation itself by e-mail immediately after the purchase; a message from the payment service provider alone is not sufficient for this purpose.

The following declaration is therefore presented for confirmation before provision:

"I expressly agree that performance of the service (generating and providing the PDF) begins immediately after payment has been completed, and I hereby confirm that I have taken note that my right of withdrawal under sec. 18 (1) no. 11 FAGG thereby expires."

For services, the right of withdrawal expires under sec. 18 (1) no. 1 FAGG only once the service has been performed in full and the consumer expressly consented beforehand and acknowledged that they thereby lose the right of withdrawal. For ongoing services and subscriptions, which by their nature are never "performed in full", the right of withdrawal does not expire; if the consumer withdraws within the period, they only owe the pro-rata amount up to that point under sec. 16 FAGG.

Model withdrawal form

(If you wish to withdraw from the contract, please complete and return this form. Use of this form is not mandatory.)

To Robert Thalhammer, Grabengasse 13/3/2, 2630 Ternitz, Austria, e-mail: info@fussfessel-hilfe.at

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):

_________________________________________________

Ordered on (*) / received on (*): ______________

Name of consumer(s): ______________

Address of consumer(s): ______________

Signature of consumer(s) (only if this form is notified on paper): ______________

Date: ______________

(*) Delete as appropriate.

7. Technical requirements

Use of the service requires an up-to-date browser with JavaScript enabled and a device with sufficient storage. Printing takes place on the user's own device.

8. Liability

The provider is liable in accordance with statutory provisions for damage caused intentionally or through gross negligence. Liability for slight negligence is excluded, except in the case of personal injury.

Liability under the Austrian Product Liability Act and liability for injury to life, body or health remain unaffected in all cases.

Vis-à-vis consumers within the meaning of the Austrian Consumer Protection Act (KSchG) the following applies: compensation for personal injury is never excluded or limited, nor is liability for intent and gross negligence. All exclusions and limitations of liability set out in these terms therefore apply, vis-à-vis consumers, exclusively to material damage caused by slight negligence. There is no limitation of warranty rights to the consumer's detriment before the consumer becomes aware of the defect (sec. 9 KSchG).

In particular, the provider is not liable for disadvantages arising from incorrect, incomplete or late information having been given or filed by the user, from an application being rejected, or from forms, competences or the legal situation changing after the purchase. For the correct transfer of the information entered into the official forms – that is, for the main service owed – the provider is liable in accordance with the statutory provisions; this paragraph does not exclude that liability. The provider keeps the form templates up to date.

9. Data protection

Application data does not leave the user's own device. Further details are set out in the privacy policy at fussfessel-hilfe.at/datenschutz.html. It also contains a specific notice on data concerning criminal convictions and offences under Art. 10 GDPR.

10. Communication and advertising

10.1 The provider can be reached through the contact form at https://fussfessel-hilfe.at/kontakt.html and at the e-mail address info@fussfessel-hilfe.at. Enquiries are answered within 24 hours on working days, and at the latest on the next working day. No telephone number is published, deliberately, because the service addresses people in a particularly sensitive situation.

10.2 The contact form should not be used to submit information about criminal proceedings, convictions or health data; such information is not needed in order to answer general questions.

10.3 The provider does not use promises of guaranteed results such as "With us you will get the ankle tag" or comparable statements (secs. 1 et seq. of the Austrian Act against Unfair Competition (UWG)). Contact is made exclusively upon request; no newsletter is sent.

11. Applicable law and place of jurisdiction

Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (Art. 6 (2) Rome I Regulation).

For actions against consumers, only the statutory place of jurisdiction under sec. 14 of the Austrian Consumer Protection Act applies. Consumers may sue the provider either at its registered seat or at their own place of residence.

12. Final provisions

Should any provision of these terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose. Vis-à-vis consumers, the statutory rule applies in place of the invalid provision.

Amendments and supplements to these terms must be made in text form. Vis-à-vis consumers: informal declarations by the provider remain effective (sec. 10 (3) KSchG).


Provider

Robert Thalhammer
Grabengasse 13/3/2
2630 Ternitz
Niederösterreich, Austria
E-mail: info@fussfessel-hilfe.at
VAT ID: ATU83353719