Valid for: Company STB-Austria Peter Dornhackl eU, Panholzerweg 1, A-4030 Linz adDonau

and

STB-Austria Peter Dornhackl eU, Akaziengasse 30 in 1230 Vienna

FN483028k LG-Linz adDonau)

Scope
The following general terms and conditions apply exclusively to the business relationship between the above-mentioned companies and their customers in the version valid at the time of the order. The above-mentioned companies do not recognize any deviating conditions of the customer unless the above-mentioned companies have expressly agreed to their validity in writing. The place of jurisdiction and place of performance is the registered office of the above-mentioned company.

Prices
All prices quoted are exclusive of applicable sales tax, unless the companies listed above explicitly indicate that sales tax is included.

Email invoice
The email invoice saves time, money and ultimately costs. Invoices are issued as PDF files with a digital signature. The email invoice is of course also deductible from input tax according to the VAT Act.

The advantages of email invoicing
Practical – easy further processing, storage and archiving
Secure – digitally protected and signed
Environmentally friendly – help protect our environment and save paper

General Terms and Conditions – Seminars

A binding registration is made by notifying us of your wish to participate in writing or informally via online booking, fax, email or letter. However, a place on the seminar is only considered to be reserved once the full participation fee has been received by the companies listed above.

If the seminar is booked privately and the booking of an event is made via distance selling, in particular by fax, email or internet, the participant as a consumer within the meaning of the Consumer Protection Act (KSchG) has a statutory right of withdrawal within the meaning of the Distance and Away-to-Home Selling Act (FAGG) within 14 calendar days of the conclusion of the contract. This does not apply to events that begin within these 14 calendar days of the conclusion of the contract.

The withdrawal period is deemed to have been met if the declaration of withdrawal is sent within the period. Withdrawals from the contract are therefore possible within 14 calendar days of the conclusion of the contract without giving reasons by sending a registered letter, fax or email. It is sufficient for the declaration of withdrawal to be sent within this period (the date of the postal receipt is decisive for letters).

The written declaration of withdrawal must be addressed to:
The addresses of the companies listed above or by email to

peter.dornhackl@schulungen-service.at

administrator@schulungen-service.at

If the customer cancels a booking up to 14 calendar days before the start of the event, the processing fee is € 60 and requires written notification by registered letter, fax or email and confirmation of receipt from the companies listed above. For cancellations 14 calendar days or more before the start of the seminar, 50% of the seminar fee will be charged; for cancellations or no-shows on the day of the event, the full fee will be charged. If the booking is rebooked to a subsequent date, the original invoice including the due date remains valid.

An additional fee of €30,- excl. VAT will be charged (except on the day of the seminar: 20% surcharge). The customer can of course nominate a replacement person.

If the invoice recipient does not pay the invoice sent to him on time, the companies listed above reserve the right to either exclude the participant from the seminar or to refuse to confirm his participation.

The companies listed above reserve the right to make necessary changes to the seminar program, the event date, the speakers and the event location in exceptional cases. The companies listed above accept no liability or guarantee for the accuracy of the statements made by trainers and speakers in the seminars. The seminar documents used are protected by copyright and may not be reproduced or used commercially (including in part) without the consent of the companies listed above and the respective speakers.

The companies listed above are not liable – to the extent permitted by law – for loss or damage to items and valuables brought by seminar participants, unless this is due to gross negligence on the part of the companies listed above or their employees, for which the claimant must provide evidence. The companies listed above are not liable under any circumstances – to the extent permitted by law – for the loss or damage to items left in the lecture room during breaks. Furthermore – to the extent permitted by law – no liability is accepted for personal injuries that occur in the seminar rooms, in the break rooms and corridors, or in adjoining rooms of the training or seminar provider of the companies listed above, or in the premises of third parties used by them for seminar purposes.

General Terms and Conditions - Email Invoice

1. Services offered:
The customer of the above-mentioned companies receives invoices electronically to the email address provided by them. The customer waives the right to receive the invoice by post. The above-mentioned companies are not obliged to accept an order for the electronic sending of the invoice by email.

2. Delivery of the invoice:
The customer is responsible for ensuring that all electronic invoices sent by email by the companies listed above can be properly delivered to the email address provided by the customer and that technical facilities such as filter programs or firewalls are adapted accordingly. Automated electronic responses to the companies listed above (e.g. out-of-office messages) cannot be taken into account and do not constitute a valid delivery.

3. Email address:
The customer must immediately notify the above-mentioned companies in writing and in a legally binding manner of any changes to the email address to which the invoice was sent. Invoices sent by the above-mentioned companies to the email address last provided by the customer are also deemed to have been received if the customer has not notified the above-mentioned companies of a change to their email address.

4. Termination / Revocation:
The customer can revoke the electronic sending of the invoice by email at any time. After the written notification has been received and processed by the companies listed above, the customer will receive invoices by post to the last known postal address in the future. The companies listed above reserve the right to independently change the delivery of the invoice by email to the last known postal address for important reasons.

5. Changes to the terms and conditions for electronic sending of invoices by email:
Any change to the terms and conditions for electronic sending of the invoice by email will be communicated to the customer by email. This change will take effect after a period of 30 calendar days following delivery and will be deemed to be approved if the customer does not revoke the electronic sending of the invoice by email within this period in accordance with point 4.

6. General Terms and Conditions:
In addition to the terms and conditions for the electronic sending of the invoice by email, the general terms and conditions of the companies listed above apply in their currently valid version.

General Terms and Conditions – In-house training and room rental

A binding offer is made by written, even informal notification of the booking via online booking, fax, e-mail or letter.

The following cancellation conditions apply to all in-house and room rental offers, unless expressly agreed otherwise in writing: In the case of cancellations up to 30 calendar days before the event, only the expenses incurred to date (proof by receipt) will be charged. In the case of cancellations up to 14 days before the event, 50% of the offer price will be charged; in the case of cancellations 5 days before the event or on the day of the event, the full amount will be invoiced.

General Terms and Conditions – Books and Vouchers

A binding order is made by written, even informal, notification of the purchase intention via online order, fax, e-mail or letter.

Right of withdrawal:
If the customer exercises his right of withdrawal, he must bear the regular costs of return if the goods delivered correspond to those ordered. Items that can be sent by parcel must be returned at the risk of the companies listed above. If the customer is a consumer within the meaning of the Consumer Protection Act, he can withdraw from the concluded contract or the contractual declaration made without giving reasons until the expiry of the following period. The withdrawal period is 14 calendar days and begins on the day the goods are received by the consumer. The withdrawal is deemed to have been made on time if the consumer sends his declaration of withdrawal electronically or by other means on the last day of the period.

The cancellation by returning the goods must be addressed to:

The companies listed above, at their postal addresses.

Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the customer of the above-mentioned companies is unable to return the service received in whole or in part or only in a deteriorated condition, the customer may be required to pay compensation for the loss in value.

Obligations to refund payments must be fulfilled within 30 calendar days. For the customer, the period begins when the cancellation notice or the item is sent, and for the companies listed above, when they are received. If the invoice amount has not yet been transferred by the customer in the case of purchases on account, the invoice becomes invalid when the item is returned.

Delivery will be made to the delivery address provided by the customer in accordance with the postage charges stated. If the companies listed above discover during the processing of the order that the ordered products are not available, the customer will be informed separately by email.

If the above-mentioned companies are unable to deliver the ordered goods through no fault of their own because the supplier of the above-mentioned companies does not fulfill their contractual obligations, the above-mentioned companies are entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The customer's legal claims remain unaffected.

If delivery to the customer is not possible because the customer cannot be found at the delivery address provided by him, the customer shall bear the costs for the unsuccessful delivery.

Retention of title:
The delivered goods remain the property of the above-mentioned companies until full payment has been made.

Liability for defects:
If there is a defect in the purchased item, the statutory provisions apply. The assignment of these claims by the customer is excluded. If the subsequent performance is carried out by way of a replacement delivery, the customer is obliged to return the goods initially delivered to the above-mentioned companies within 30 calendar days at the expense of the above-mentioned companies. The defective goods must be returned in accordance with the statutory provisions. The above-mentioned companies reserve the right to claim damages under the legally regulated conditions.

Competitions

All natural persons aged 18 or over are allowed to take part. The winners will be notified in writing. Legal recourse is excluded. The prize cannot be redeemed for cash. Employees of the companies listed above cannot take part in the competition. The winners agree that their address details may be used for marketing purposes but not passed on to third parties. They can object to the use, processing and transmission of their data for marketing purposes at any time. The winners agree to the publication of their name, postcode and location or their photo on the homepage of the companies listed above. Participation is free, voluntary and does not involve any obligation to purchase.

General Terms and Conditions STB-Austria Peter Dornhackl eU – commercial service provider, security specialist, security technology centre (security technology office) (between entrepreneurs)

1.) Validity of the General Terms and Conditions and Deviations a) The following General Terms and Conditions apply to all current and future contracts between the client in his capacity as entrepreneur and STB-Austria Peter Dornhackl eU b) Deviations from these conditions and in particular conditions of the client only apply if they are expressly recognized and confirmed in writing by STB-Austria Peter Dornhackl eU.

2.) Offers, side agreements

a) Unless otherwise stated, the offers of STB-Austria Peter Dornhackl eU are subject to change with regard to all data provided, including the fee.

b) If an order confirmation from STB-Austria Peter Dornhackl eU contains changes to the order, these shall be deemed to have been approved by the client unless the client immediately objects in writing.

c) Agreements must generally be made in writing.

3.) Placing an order

a) The type and scope of the agreed service arise from the contract, power of attorney and these General Terms and Conditions.

b) Changes and additions to the order require written confirmation by STB-Austria Peter Dornhackl eU in order to become subject to this contractual relationship.

c) STB-Austria Peter Dornhackl eU undertakes to properly carry out the order placed with it in accordance with generally accepted technical standards and the principles of economic efficiency.

d) STB-Austria Peter Dornhackl eU may appoint other appropriately authorized persons to fulfill the contract and place orders with them in the name and on behalf of the client. However, STB-Austria Peter Dornhackl eU is obliged to inform the client of this intention in writing and to give the client the opportunity to object to this order being placed with a third party within 10 calendar days.

e) STB-Austria Peter Dornhackl eU can also use other appropriately authorized persons as sub-planners to fulfill the contract and place orders with them in the name and for the account of STB-Austria Peter Dornhackl eU. However, STB-Austria Peter Dornhackl eU is obliged to notify the client in writing if it intends to have orders carried out by a sub-planner and to give the client the opportunity to object to this order being placed with the sub-planner within one week; in this case, STB-Austria Peter Dornhackl eU must carry out the order itself.

4.) Warranty and compensation

a) Warranty claims can only be made following complaints about defects, which must be made exclusively by registered letter within 14 calendar days of delivery of the service or partial service.

b) Claims for rescission and price reduction are excluded. Claims for improvement or addition of what is missing must be fulfilled by STB-Austria Peter Dornhackl eU within a reasonable period of time, which should generally be one third of the period agreed for the performance of the service. A claim for damages due to delay cannot be asserted within this period.

c) STB-Austria Peter Dornhackl eU must provide its services with the care expected of it as a professional (§1299 ABGB).

d) If STB-Austria Peter Dornhackl eU has culpably caused damage to the client in breach of its contractual obligations, its liability for compensation for the damage caused thereby – unless otherwise agreed in the individual case – is limited in the case of slight negligence as follows:

1) in case of withdrawal and personal injury without limitation,

2) in all other cases, subject to the following limitations: – for an order value of up to EUR 250,000.00: a maximum of EUR 12,500.00; – for an order value of more than EUR 250,000.00: 5% of the order value, but not more than EUR 750,000.00.

3) Liability for consequential damages and lost profits is excluded even in cases of gross negligence, unless otherwise agreed in individual cases.

5.) Withdrawal from the contract

a) Withdrawal from the contract is only permitted for important reasons.

b) If STB-Austria Peter Dornhackl eU is in default with a service, the client may only withdraw from the contract after setting a reasonable grace period; the grace period must be set by registered letter.

c) If the client defaults on a partial service or an agreed cooperation activity, which makes the execution of the order by STB-Austria Peter Dornhackl eU impossible or significantly hinders it, STB-Austria Peter Dornhackl eU is entitled to withdraw from the contract.

d) If STB-Austria Peter Dornhackl eU is entitled to withdraw from the contract, it retains the right to the entire agreed fee, as is the case if the client withdraws without justification. Furthermore, Section 1168 ABGB applies; if the client withdraws for justification, the client must pay for the services provided by STB-Austria Peter Dornhackl eU.

6.) Fees, scope of services

a) Unless otherwise stated, all fees are in EURO.

b) The stated fee amounts do not include sales tax (value added tax), which must be paid separately by the client.

c) Compensation with any counterclaims, for whatever reason, is not permitted.

d) Unless otherwise agreed, the list prices are part of the contract.

e) Unless expressly agreed otherwise, payment must be made without deductions within 30 calendar days of invoicing to the account specified by STB-Austria Peter Dornhackl eU at a bank with a domestic branch. In the event of late payment, interest of 9.2% per annum above the ECB base rate plus reminder fees must be paid.

7.) The place of performance for all services is the registered office of STB-Austria Peter Dornhackl eU as stated in the contract (order confirmation).

8.) Confidentiality

a) STB-Austria Peter Dornhackl eU is obliged to keep all information provided by the client confidential.

b) STB-Austria Peter Dornhackl eU is also obliged to keep its planning activities confidential if and for as long as the client has a legitimate interest in this confidentiality. After completion of the order, STB-Austria Peter Dornhackl eU is entitled to publish the contractual work in whole or in part for advertising purposes, unless otherwise agreed in the contract.

9.) Protection of plans-intellectual property

a) STB-Austria Peter Dornhackl eU reserves all rights and uses to the documents it creates (in particular plans, brochures, technical and electronic documents).

b) Any use (in particular processing, execution, reproduction, distribution, public presentation, provision) of the documents or parts thereof is only permitted with the express consent of STB-Austria Peter Dornhackl eU. All documents may therefore only be used for the purposes expressly specified when the order is placed or in a subsequent agreement.

c) STB-Austria Peter Dornhackl eU is entitled, and the client is obliged, to state the name (company name, business name) of STB-Austria Peter Dornhackl eU in publications and announcements about the project.

d) In the event of a breach of these provisions for the protection of documents, STB-Austria Peter Dornhackl eU is entitled to a penalty amounting to twice the appropriate fee for the unauthorized use, whereby the assertion of a further claim for damages remains reserved. This penalty is not subject to judicial mitigation. The burden of proof that the client did not use the documents of STB-Austria Peter Dornhackl eU rests with the client.

10.) Choice of law, place of jurisdiction

a) Contracts between the client and STB-Austria Peter Dornhackl eU are subject exclusively to Austrian law.

b) For all disputes arising from this contract, the jurisdiction of the competent court at the registered office of STB-Austria Peter Dornhackl eU responsible for the contract is agreed.

Terms and Conditions Experts

1. General principles / scope

1.1 These General Terms and Conditions apply exclusively to all legal transactions between the client and the contractor. The version valid at the time the contract is concluded is decisive.

1.2 These General Terms and Conditions shall also apply to all future contractual relationships, even if this is not expressly stated in supplementary contracts.

1.3 Any conflicting general terms and conditions of the Client are invalid unless they are expressly accepted in writing by the Contractor.

1.4 Should individual provisions of these General Terms and Conditions be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of them. The invalid provision shall be replaced by a valid provision that comes closest to its meaning and economic purpose.

2. Scope of the consulting assignment / representation

2.1 The scope of a specific consulting assignment will be contractually agreed on a case-by-case basis.

2.2 The contractor is entitled to have the tasks assigned to him carried out in whole or in part by third parties. Payment to the third party is made exclusively by the contractor himself. No direct contractual relationship of any kind arises between the third party and the client.

2.3 The client undertakes not to enter into any business relationship of any kind with persons or companies that the contractor uses to fulfil its contractual obligations during or for a period of three years after termination of this contractual relationship. In particular, the client will not commission these persons and companies to provide the same or similar services that the contractor also offers.

3. Client’s duty to provide information / declaration of completeness

3.1 The Client shall ensure that the organizational framework conditions at its place of business allow for work to be carried out as undisturbed as possible and conducive to the rapid progress of the consulting process when fulfilling the consulting assignment.

3.2 The Client shall also provide the Contractor with comprehensive information about previously conducted and/or ongoing surveys – including in other specialist areas.

3.3 The client shall ensure that all documents necessary for the fulfilment and execution of the service contract are submitted to the contractor in a timely manner, even without a specific request from the contractor, and that the contractor is informed of all processes and circumstances that are important for the execution of the consultancy contract. This also applies to all documents, processes and circumstances that only become known during the expert's work.

3.4 The Client shall ensure that its employees and the legally stipulated and, where applicable, established employee representation (works council) are informed of the Contractor’s activities before they commence.

4. Ensuring independence

4.1 The contracting parties undertake to be mutually loyal.

4.2 The contracting parties mutually undertake to take all precautions that are suitable to prevent the independence of the commissioned third parties and employees of the contractor from being compromised. This applies in particular to offers from the client for employment or the acceptance of orders on their own account.

5. Reporting / reporting obligation

5.1 The Contractor undertakes to report to the Client on his work, that of his employees and, if applicable, that of commissioned third parties, in accordance with the progress of the work.

5.2 The Client shall receive the final report within a reasonable time, i.e. two to four weeks, depending on the type of service, after completion of the order.

5.3 When producing the agreed work, the Contractor is not subject to instructions and acts at his own discretion and under his own responsibility. He is not bound to a specific place of work or to a specific working time.

6. Protection of intellectual property

6.1 The copyrights to the works created by the contractor and its employees and commissioned third parties (in particular offers, reports, analyses, reports, organizational plans, programs, service descriptions, drafts, calculations, drawings, data storage devices, etc.) remain with the contractor. They may be used by the client during and after termination of the contractual relationship exclusively for the purposes covered by the contract. The client is therefore not entitled to reproduce and/or distribute the work(s) without the contractor's express consent. Under no circumstances does unauthorized reproduction/distribution of the work give rise to liability on the part of the contractor - in particular for the accuracy of the work - towards third parties.

6.2 If the Client violates these provisions, the Contractor shall be entitled to immediately terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.

7. Warranty

7.1 The Contractor is entitled and obliged, regardless of fault, to correct any inaccuracies and defects in its services that become known. It will inform the Client of this immediately.

7.2 The Client’s claim expires six months after the respective service has been provided.

8. Liability / Damages

8.1 The Contractor shall be liable to the Client for damages - except for personal injuries - only in the event of gross negligence (intentional conduct or gross negligence). This also applies mutatis mutandis to damages caused by third parties engaged by the Contractor.

8.2 The Client’s claims for damages can only be asserted in court within six months of knowledge of the damage and the person responsible, but no later than three years after the event giving rise to the claim.

8.3 The Client must provide proof that the damage is due to the Contractor’s fault.

8.4 If the Contractor carries out the work with the assistance of third parties and in this connection warranty and/or liability claims arise against these third parties, the Contractor shall assign these claims to the Client. In this case, the Client will primarily hold these third parties responsible.

9. Confidentiality / Data Protection

9.1 The Contractor undertakes to maintain absolute confidentiality regarding all business matters that come to his knowledge, in particular business and trade secrets as well as any information he receives about the nature, scope of operations and practical activities of the Client.

9.2 Furthermore, the Contractor undertakes to maintain confidentiality towards third parties regarding the entire content of the work as well as all information and circumstances that have come to his attention in connection with the creation of the work, in particular regarding the data of the Client's clients.

9.3 The Contractor is released from the obligation of confidentiality towards any assistants and representatives he employs. However, he must impose the obligation of confidentiality on them in full and is liable for any breach of the confidentiality obligation by them as if it were his own breach.

9.4 The obligation of confidentiality extends indefinitely beyond the end of this contractual relationship. Exceptions exist in the case of statutory obligations to give evidence.

9.5 The contractor is entitled to process personal data entrusted to him within the scope of the purpose of the contractual relationship. The client guarantees the contractor that all necessary measures have been taken for this purpose, in particular those within the meaning of the Data Protection Act, such as declarations of consent from those affected.

10. Fee

10.1 After completion of the agreed work, the contractor will receive a fee in accordance with the agreement between the client and the contractor (management consultant). The contractor is entitled to submit interim invoices in accordance with the progress of the work and to request advance payments in accordance with the respective progress. The fee is due upon invoice from the contractor.

10.2 The Contractor will issue an invoice entitling the Customer to deduct input tax with all legally required features.

10.3 Any cash expenses, expenses, travel costs, etc. incurred shall be reimbursed by the Client upon presentation of an invoice by the Contractor.

10.4 If the agreed work is not carried out for reasons on the part of the client or due to a justified early termination of the contractual relationship by the contractor, the contractor retains the right to payment of the entire agreed fee less any saved expenses. If an hourly fee is agreed, the fee is to be paid for the number of hours that would have been expected for the entire agreed work, less any saved expenses. The saved expenses are agreed as a flat rate of 30 percent of the fee for those services that the contractor has not yet provided by the day the contractual relationship is terminated.

10.5 In the event of non-payment of interim invoices, the Contractor is released from his obligation to provide further services. However, this does not affect the assertion of further claims resulting from non-payment.

11. Electronic invoicing

11.1 The Contractor is entitled to send invoices to the Client in electronic form. The Client expressly agrees to the Contractor sending invoices in electronic form.

12. Duration of the contract

12.1 This contract generally ends with the completion of the project.

12.2 Notwithstanding the foregoing, the contract may be terminated at any time by either party for good cause without notice. Good cause shall in particular include:

• if a contractual partner breaches essential contractual obligations or
• if a contractual partner defaults on payment after insolvency proceedings have been opened.
• if there are legitimate concerns regarding the creditworthiness of a contractual partner against whom no insolvency proceedings have been opened and, at the request of the contractor, the latter neither makes advance payments nor provides suitable security before the contractor performs the service and the poor financial circumstances were not known to the other contractual partner at the time the contract was concluded.

13. Final provisions

13.1 The contracting parties confirm that they have provided all information in the contract conscientiously and truthfully and undertake to inform each other immediately of any changes.

13.2 Changes to the contract and these General Terms and Conditions must be made in writing; the same applies to any waiver of this formal requirement. There are no oral side agreements.

13.3 This contract is governed by Austrian substantive law, excluding the conflict of law provisions of private international law. The place of performance is the place of business of the contractor. The court at the place of business of the contractor (management consultant) has jurisdiction for disputes.

13.4 For reasons of readability, the male form is used when referring to persons, but the female form is always included.

Status: 2022

For further information please contact us at:

peter.dornhackl@stb-austria.at