Florian Schuchter – Teamday
6080 Igls – Innsbruck
a. In the following, Teamday is also referred to as the agency. Teamday’s customer is hereinafter also referred to as the client. The following general terms and conditions are part of the respective order and supplement the written agreements made. The scope of services is only determined by these conditions, the written order, a corresponding order confirmation and the description of services. All services, in particular supplements, additions and extensions must be agreed in writing. Other general terms and conditions do not apply. Employees of the agency are not entitled to make verbal side agreements or to make written assurances that go beyond the written agreement made with management. The law of the Republic of Austria applies exclusively to these General Terms and Conditions, excluding the UN Sales Convention.
b. In the event that the customer is a consumer within the meaning of the Austrian Consumer Protection Act, the provisions of Section 6 Paragraph 1 of the Consumer Protection Act shall apply without prejudice to the provisions above and below. Nevertheless, invalid provisions of these terms and conditions regarding the KschG only result in partial nullity to the extent of the individual invalid part of the relevant provision. All unaffected provisions remain in effect.
In principle, all copyrights and exploitation rights to the products and services created by the agency, including individual parts thereof, remain with the agency as the creator. By paying the fee, only the rights of use and use within the scope of the written order are transferred to the client for the duration of the purpose of the contract. The extension of rights in this regard, in particular new editions or use of the products with other media, including event repetitions, are generally only permitted within the framework of placing a new order. In principle, the client does not receive any rights of any kind for further marketing measures without a special agreement to products or services of the agency. Changes to the agency’s products or services by the client are only permitted with the agency’s written consent. The agency is entitled to a separate reasonable fee for the use of the agency’s products or services that go beyond the original purpose of the contract; this without prejudice to the requirement of prior written consent by the agency.
In addition to the above, all rights to drafts presented or handed over to the client in the context of contract initiation remain unrestricted with the agency. If the order is not placed, all drafts must be returned to the agency or destroyed upon request. The client is prohibited from using the drafts in any other way, either in whole, in part or in a modified form. Reference is expressly made to the copyright law.
b.Materials of the client
If the customer makes his own materials (images, texts, sound samples, etc.) available to the agency as part of the implementation of the order, the customer guarantees that these materials are free of third-party rights or that the exploitation and usage rights required for the implementation of the project the client is entitled to without restriction. At the request of the agency, the customer must submit the corresponding release declarations from the copyright holders. The customer irrevocably releases the agency from any claims by third parties in an unlimited amount, including any legal costs.
The agency is entitled to refer to the client on all information media, products and other services, in whatever form, without the client being entitled to a fee for this. In addition to these provisions, all Austrian provisions relating to intellectual property apply.
In the course of the implementation of projects, it may become necessary to change, supplement or expand the respective catalog of services, in particular the location, time and design of individual elements of the planned project. In coordination with the client, the agency receives the right to plan and implement the necessary changes. If the main features of the order placed are not affected, the client will only object to the changes if they are unreasonable. If changes of this type are associated with an additional service by the agency, the agency is entitled to appropriate remuneration for this.
Die Agentur verpflichtet sich, mit der Sorgfalt eines ordentlichen Kaufmanns
I.das geplante Projekt gewissenhaft zu planen und den Auftraggeber zu beraten
II.sämtliche Leistungsträger sorgfältig auszuwählen und zu überwachen
III.das geplante Projekt in der Realisationsphase zu überwachen und sicherzustellen.
Grundsätzlich erbringt die Agentur sämtliche Leistungen gegenüber dem Auftraggeber in eigener Verantwortung. In besonderen Fällen – beispielsweise bei Transporten von Personen im Liniendienst – tritt die Agentur teilweise als Vermittler auf. Der Auftraggeber schließt bei solchen – im Angebot eindeutig gekennzeichneten Leistungen – auf Vermittlung der Agentur die erforderlichen Verträge unmittelbar mit dem Leistungsträger. Mit der Auftragserteilung bevollmächtigt der Auftraggeber die Agentur, die erforderlichen
Verträge zu schließen. Für die Betreuung solcher Leistungen ist die Agentur berechtigt, die im Angebot aufgeführten Handlingpauschalen zu berechnen.
Die Agentur ist berechtigt, sämtliche Leistungen auch durch nachrangige Unternehmer zu erbringen. Diese werden ausschließlich zur Erfüllung der Verpflichtungen der Agentur gegenüber dem Auftraggeber tätig, so dass diese nicht verpflichtet ist, über diese Vertragsverhältnisse Rechnung oder Auskunft zu erteilen.
The client is obliged to carry out the agreed cooperative actions in a timely manner
I. In particular, to make the declarations of consent required for partial decisions within the framework of the project (e.g. final choice of the event location, detailed logistical decisions, selection of program items, marketing, etc.) within the agreed schedule
II. to name the employees or committees authorized to make decisions for the planning and implementation of the project and to ensure their availability – or their representation
III. to deliver the own materials agreed for the implementation of the project within the agreed schedule.
Principle and service description
The service obligations of the agency are exclusively determined by the service description. Advertising statements by third parties do not apply (see also point I).
a.Warranty and supplementary performance
Defects in the service owed by the agency are remedied by subsequent performance – as far as possible – within the warranty period of 6 months from the service and the corresponding obligation to give notice of defects by the client. This is done at the discretion of the agency through repair or replacement by the agency. If the supplementary performance fails, the client can demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) in this order. In the case of a minor breach of contract, in particular in the case of minor defects, the client is not entitled to withdraw from the contract.
b.Principles of liability
The liability of the agency for service errors according to the service description is limited to such damage, the occurrence of which must typically be expected within the scope of the respective service owed.
c. Scope of Liability
Otherwise, the agency is only liable without limitation for intent and gross negligence, including that of its legal representatives, executives and other vicarious agents. The agency is only liable for slight negligence if an obligation is violated, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation).
d. Limitation of liability for slight negligence
Compensation payments by the agency in the event of attributable physical injury, damage to health or loss of life are limited to the insurance payment actually made. The client waives any further claims against the agency in this regard. The liability amount for other damages based on slight negligence is limited to 10% of the order contract amount, to a maximum compensation amount of 25,000 euros.
e.Employees and agents
The above regulations also apply to the agency’s employees and agents or subcontractors.
f. Product Liability and Time Limitation of Liability
Liability under the Product Liability Act remains unaffected. In principle, all other claims for damages due to a defect become statute-barred one year after delivery of the products. This does not apply to fraudulently concealed defects.
If the implementation of the project is made considerably more difficult, endangered or impossible as a result of force majeure that was not foreseeable at the time the contract was concluded, the agency can terminate the contract. In this case, the agency can demand reasonable compensation for the services already rendered and those still to be rendered.
Notification of defects, form and deadline
The client will immediately accept the services provided, including any documentation, or examine them immediately, in particular to ensure that they are complete. Breaches of duty by the agency that are determined here must be reported immediately to the agency employee on site, initially verbally and in writing within eight working days. The notice of defects must contain a detailed description of the defects to the extent possible.
a. Subsequent notification of defects
Defects that cannot be identified within the framework of the described proper inspection or acceptance must be reported within eight working days of discovery in compliance with the complaint requirements set out in paragraph 1, but only in writing.
In the event of a violation of the obligation to examine and give notice of defects, the service is deemed to have been approved with regard to the defect in question. This does not apply to cases of recourse by the entrepreneur and the statute of limitations for recourse claims.
The client undertakes to check or have checked the agency’s services and products, in particular with regard to their admissibility under competition and labeling law.
Performance phases, acceptance
Basically, the services of the agency are divided into three phases: the concept phase, the planning phase and the completion or final production phase. The scope of the individual service phases and their duration is determined by the written order. After completion of the product or service, the client is obliged to accept the service. Acceptance must be declared in writing upon request. Submitted acceptance reports must be signed.
a. Partial acceptances
In particular, after each service phase, the agency is entitled to submit individual components of the overall work to the client for partial acceptance. The client is obligated to partial acceptance if the relevant components of the production meet the agreed requirements. Minor defects do not justify refusal of acceptance.
b. advance payments
The agency is entitled at any time to demand a reasonable advance payment from the client, in particular to secure advance payments by third parties (e.g. reservation costs, deposits, means of transport and accommodation reservations, product purchases, etc.).
c. Performance periods, delays and consequences
Delivery and completion dates are only agreed as binding if the customer has provided the agency with the information and materials required for the realization of the project in the agreed presentation medium in full by the contractually agreed time. The agency endeavors to meet the agreed deadlines. In the event of non-compliance with deadlines, the client is only entitled to assert any resulting claims after he has set the agency a reasonable grace period. The period begins with the receipt of a corresponding reminder letter.
d.Consequences of the client’s late cooperation
If the customer exceeds the time agreed for his cooperation obligations, the agency is not liable for the consequences of the delayed realization of the project. A special request from the agency to the client or a reminder to adhere to the schedule is expressly not required. If the production costs change due to the late provision of information or a late decision by the client, for example due to necessary Sundays, public holidays or night work, rebookings, cancellations, expansion or reduction in the number of people, these costs will be borne by the client. However, the agency will endeavor to keep the additional costs as low as possible.
All invoices from the agency are due upon invoicing and are to be paid free of deductions upon receipt of the invoice. When the order is placed, the agency is entitled to invoice a first account payment of 30% of the current total budget and up to 28 days before the start of the event a second account payment of 50% of the current total budget. If the budget changes in the course of planning the event, the agency is entitled to invoice correspondingly adjusted AConto amounts. In the case of very extensive and lengthy projects, the agency is also entitled to invoice partial payments after each service phase. In the event of a delay in payment, 10% interest on arrears will be charged. In the event of a reminder, an additional reminder fee of EUR 15 will be charged. If the client defaults on the payment of an AConto or partial invoice, the agency is entitled to refuse to provide further services until payment has been received. If the client defaults on payment, all delivery and production deadlines lose their validity.
f. Prohibition of offsetting
A set-off against disputed claims or claims that have not been legally established is excluded.
The following cancellation conditions are part of the respective order and, if necessary, supplement the written agreements made. The scope of services is determined, among other things, by these conditions, the placing of the order, a corresponding order confirmation and the description of services according to the current concept and budget. All changes, additions and extensions must be agreed in writing. Different cancellation conditions do not apply. The cancellation conditions apply from the time the order is placed. Cancellations must be in writing.
If the entire event or individual parts of the event are canceled, the client will be charged the following cancellation costs:
from order placement: 30%
from 28 days before the start of the event: 50%
from 14 before the start of the event: 80%
from 7 days before the start of the event: 100%
Austrian law is exclusively applicable to all contracts. A-6020 Innsbruck is agreed as the place of jurisdiction for all disputes arising from the business relationship with the agency.
Should individual provisions of this contract be ineffective or lose their effectiveness due to a circumstance that occurs later, the validity of the rest of the contract remains unaffected. In place of the ineffective contractual provisions, the provision that comes closest to what the contracting parties would have wanted if they had considered the point in question shall apply. The same applies to any gaps in the contractual agreements.
Status: January 2021