General Terms and Conditions (GTC) by GET
I. Scope of the GTC
These General Terms and Conditions (hereinafter referred to as the “GTC”) exclusively govern all contractual relationships concluded by Global Event Technologies GmbH (hereinafter referred to as “GET”), company registration number FN468478p, Am Ausfergenufer 8, 5400 Hallein, Austria, with its customers/clients (hereinafter referred to as the “Client”) in the field of business transactions (hereinafter referred to as “B2B”).
For the purposes of these GTC, “Client” refers to any business partner (natural or legal person) of GET for whom GET provides services, in particular in the field of hardware and software components or other related services.
Unless otherwise expressly agreed in writing, these GTC shall apply to all contracts concluded with business partners who are not consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz). These GTC form the basis of the entire contractual relationship, including any ancillary agreements.
In addition to these GTC, the applicable Austrian statutory provisions shall apply, in particular the Austrian Commercial Code (UGB) and the Austrian Civil Code (ABGB), as amended from time to time.
The version of the GTC valid at the time the contract is concluded shall apply. The current version of the GTC can be accessed at any time at https://www.get.systems/gtc and must be read carefully prior to using the website and placing an order.
Any gender-specific terms used in these GTC shall apply equally to all genders.
II. Technical Descriptions
Unless otherwise expressly agreed in writing, the following (technical) terms shall have the following meanings:
2.1 Software
Cashless
“Cashless” refers to a payment system that enables event attendees to make cashless payments during an event organized by the Client. To use this payment system, event attendees may use chips (e.g., wristbands or cards) based on NFC technology (see “NFC Chips” or “RFID Media” in the quotation).
If separately agreed between GET and the Client (and subject to additional charges), event attendees may also be given the option to use debit or credit card payments within the payment system.
Using NFC Chips for payments requires event attendees to load credit onto their NFC Chip. Top-ups may generally be made on-site via cash or card payment. Cash top-ups may, depending on the Client’s specifications and coordination with GET, either be processed at staffed stations or via self-service stations. Additional costs apply for the provision of self-service stations for cash top-ups.
If separately agreed between GET and the Client (and subject to additional charges), event attendees may also be given the option to top up online before and during the event via a platform provided by the event organizer to attendees (“Event Portal”).
The available top-up options for a specific event must be coordinated between the Client and GET and specified in the quotation.
To process payment transactions, each Point of Sale (“POS”) is equipped with a “Cashless Device” provided by GET before the event begins (the hardware rental fee is included in the quotation; the Client is obliged to return the hardware in proper condition). GET shall provide training for the use of the device.
Access
“Access” refers to access control at points predefined by the Client using GET hardware. Access rights are preloaded onto RFID wristbands/tags (e.g., via TicketSwap) and can then be validated using GET hardware at predefined access points.
Required GET hardware: Handheld devices (included in the quotation), RFID tag for persons being checked (optional paid feature), Smart Gates (optional paid feature), Smart Gates + Turnstiles (optional paid feature)
TicketSwap
Ticket data provided in advance by a ticket provider via API/import is validated at predefined points using GET hardware. The data may then be written onto an RFID tag (optional paid feature).
Troubleshooting must be provided by the ticket provider.
Required GET hardware: Handheld devices (included in the quotation), RFID tags (optional paid feature)
Accredit
“Accredit” refers to a technical solution for managing accreditation processes at events. An online platform is provided through which individuals may apply for accreditation. The Client reviews and approves the accreditation requests. Once approved, the accredited person receives a ticket and may register at the event.
Required GET hardware: Handheld devices (included in the quotation), RFID tags (optional paid feature)
Eventportal
The “Event Portal” is an online system used to collect data from event attendees. It enables attendees to purchase upgrades, top up credit, or request payouts. Personal data of event attendees is processed within the Event Portal.
Order
“Order” refers to GET’s POS/cash register system, allowing event attendees to pay via cash or card payment. The seller uses a handheld device (or tablet) to register purchased products. Once payment is completed, the corresponding receipt is printed.
To comply with Austrian cash register regulations (RKSV), the merchant must establish an interface between the Austrian tax authority and the cash register system before sales begin.
Required GET hardware: Handheld devices, Receipt printers, Optional P400 terminal, Optional modem
Staff
“Staff” refers to a system used to track staff attendance.
Required hardware: The system runs in the background of the devices, A PC with access to the backend system (“Manage”) is required (not provided by GET).
Stock
“Stock” refers to GET’s inventory management system, which enables inventory tracking and automatically deducts sold products from stock levels. Shipments between warehouses and sales locations can also be tracked.
Required hardware: The system runs in the background of sales devices, A PC with access to the backend system (“Manage”) and a standard printer are required (not provided by GET).
2.2 Hardware
GET guarantees the proper functioning of the hardware used in accordance with the manufacturer’s warranty (e.g. waterproof, dustproof, etc.). Should POS devices experience technical issues on-site, GET shall keep an appropriate number of replacement devices available in order to ensure continuity of sales operations.
Tap2Pay
Tap2Pay enables the user to independently purchase a product using their RFID/NFC wristband or card (or a similar product sold by GET).
If such systems are included in the quotation, it should be noted that it is very helpful for event attendees if one person (staff member) is positioned in each area where such terminals are installed to assist attendees in operating the terminals and to answer questions during the first hours after opening on-site.
Alternatively or additionally, signage with step-by-step instructions may be placed at the terminals.
Each Tap2Pay Smart Gate requires a LAN connection and a power supply.
Tap2Info
Tap2Info enables the guest to independently check their current balance. Each Tap2Info Smart Gate requires a LAN connection and a power supply.
EC/CC Terminals
The EC/CC terminals are additional modules that can be used together with GET POS devices. A prerequisite for this is a contract with a PSP partner of GET. GET shall provide an up-to-date list in this regard.
Each EC/CC module requires its own LAN connection and power supply. The EC/CC module must be connected to the same network as the POS device.
As soon as EC/CC modules are in use, a Wi-Fi network for the POS devices is mandatory at the respective location.
Manage
“Manage” refers to the web application through which the Client receives access and corresponding specific permissions, enabling, among other things, the implementation of price lists for sales devices as part of GET’s systems, ongoing reporting regarding revenues/transactions, and the processing of payout requests from event attendees (“Payout”).
Access to “Manage” is generally valid for at least 3 months after the event and may optionally be extended if required.
In any case, it is guaranteed that the Client will receive access to the implemented reports and that these reports can be downloaded. (Standard selection of predefined reports, including revenue, transactions, location and device filters, etc.)
Internet & Live Reporting
The Point of Sale devices (“POS devices”) transmit all completed transactions directly whenever an active connection exists (SIM card in the POS device or an established Wi-Fi connection), thereby enabling live reporting.
In such cases, the Client has insight into current revenues and may check current sales figures at any time using their own mobile GET device or the provided online access (“Manage”).
Through our “Live Reporting”, it is possible to monitor and evaluate reports via Manage or corresponding systems provided by GET.
Depending on the internet connection, delays may occur.
It is expressly stated that the core function (payment processing) of the cashless payment system generally does not require internet access once successfully implemented.
Should the internet connection not be available for any reason, reporting delays may occur. Once the connection has been restored, the devices will transmit the completed transactions.
Payment by Debit or Credit Card
If direct payment by debit or credit card is to be processed, these devices require — in addition to a prior agreement with the Payment Service Provider and the Client — an active internet connection.
Online Top-Up During the Event
If additionally agreed between GET and the Client (and subject to separate charges), event attendees may be given the option to make online top-ups during the event via an interface provided by the organizer to event attendees (see Section 2.1).
A stable internet connection on the attendee’s end device is required for online top-ups.
The POS devices used at the event also require an internet connection in order to retrieve and synchronize information regarding online top-ups.
If synchronization of information regarding an online top-up cannot be completed due to insufficient internet connectivity, the event attendee must rely on any remaining balance on their NFC Chip or use other payment methods.
Credit topped up online that cannot be successfully synchronized with the NFC Chip during the event and therefore cannot be spent by the event attendee may be refunded to the attendee after the event.
B2C Eventportal
GET shall provide the Client with a website in the Client’s individual branding (branding to be coordinated with the Client).
The Client may grant event attendees the option to use this website to top up funds online in advance for the NFC Chip used at the event (if included in the quotation as an optional paid feature).
In addition, payout requests by event attendees regarding remaining balances after the event shall be processed via this platform.
Refund of Payout Claims
After completion of an event, event attendees may request reimbursement from the organizer of any remaining balance stored on their NFC Chip.
For event attendees whose payment information is already available (e.g. due to previous online top-ups), the Client may establish automated refunds.
If and to the extent that no automated refund takes place, event attendees may request reimbursement via the Event Portal within a period to be determined by the Client for event attendees after the event, or directly from the Client after expiry of such period.
For the processing of attendee refund requests, the Client shall be provided with payment-processing-compatible reports at the desired intervals, enabling attendee refund requests to be processed via bulk bank transfer.
The Client undertakes to process refunds within 14 days after the end of the event in the case of automated refunds, or within 14 days after the respective request by the event attendee.
Data Consulting, Insight
GET uses the business intelligence application “Google Data Studio”.
Should the Client wish to use additional reporting or data consulting services from GET after completion of the project, GET reserves the right to charge for the corresponding effort arising from the data analyses, unless the respective product has actually been booked.
A corresponding time package of up to 50 hours per year is available for this purpose.
Possible analyses include product and location analyses, staff utilization analyses, etc.
Otherwise, the Client is generally able to download predefined reports (reports) regarding revenue, products, etc. independently.
Should additional costs arise during the execution of the order (see Section 4.2 below), for example if information to be provided by the Client is not submitted within the deadlines specified in advance by GET (“Deadline”), GET shall charge the Client for these additional services based on the following service units:
-
per “unit”: EUR 100.00
(e.g. an additional company/operator that must be created in the system because a vendor was forgotten); -
per “site”: EUR 50.00
(e.g. a specific vendor location; additional bar; additional sales area, etc.); -
per “area”: EUR 50.00
(e.g. an additional Access Area to be checked); -
per “product” in product list: EUR 2.00
(e.g. adding further products to the product list); -
per “flag” / scripting: EUR 100.00
(e.g. adding an additional flag or modifying the scripting).
III. Special Conditions
3.1 Rights of Use for Software Products
3.1.1 To the extent that software products are provided by GET to the Client or the Client is granted the use of software products within the scope of the services, the Client shall receive the non-exclusive, non-transferable, non-sublicensable right, limited to the term of the contract, to use the software products in unchanged form.
3.1.2 Unless a separate written agreement has been concluded, no further rights to software products shall be transferred to the Client.
3.1.3 All documents provided by GET to the Client, in particular documentation relating to software products, may neither be reproduced nor distributed in any way, whether for consideration or free of charge.
3.2 Cooperation and Performance Obligations of the Client
3.2.1 The documents “Hospitality Rider” and “Network Rider” available on the website https://www.get.systems/downloads in the version valid at the time of the quotation (the relevant date being the date of the quotation) shall form an integral part of these GTC, and the Client shall comply with all requirements specified in these documents, including in particular the final network and power requirements.
3.2.2 In addition to the cooperation obligations required for the fulfilment of the order (such as provision of information, infrastructure, organizational and technical safeguards, provision of site plans, etc.), the Client undertakes to support all measures necessary for the provision of the services by GET and for the fulfilment of the contract.
Unless otherwise agreed, any provisions and cooperation by the Client shall be provided free of charge.
3.2.3 If the services are provided on-site at the Client’s premises or at a location designated by the Client, the Client shall provide, at its own expense, the network components, connections, power supply including peak voltage compensation, emergency power supply, installation space for equipment, workstations, and infrastructure (e.g. air conditioning) required for the provision of the services by GET in the necessary scope and quality.
3.2.4 The Client shall be responsible for compliance with the requirements specified by the respective manufacturer and for the operation of the hardware.
The Client shall furthermore ensure room and building security, including protection against water, fire, and unauthorized access.
The Client shall also provide for special security precautions (e.g. security cells) in its rooms and premises.
3.2.5 The Client shall not be entitled to issue instructions of any kind to employees of GET, and the Client shall address all matters relating to the provision of services exclusively to the contact person designated by GET.
3.2.6 At the agreed times and at its own expense, the Client shall provide GET with all information, data, access credentials, information, and documents required by GET for the execution of the order in the form requested by GET, and shall support GET in problem analysis and troubleshooting, coordination of processing activities, and alignment of the services.
Changes to the Client’s workflows that may result in changes to the services to be provided by GET for the Client shall require prior written coordination with GET, particularly regarding their technical and commercial impact.
3.2.7 Unless otherwise expressly agreed in writing, the Client shall, at its own risk and expense, provide any telecommunication or other network connection (e.g. cable, Wi-Fi, etc.).
The Client shall be obliged to keep confidential the passwords and login credentials required for the use of GET’s services.
The Client shall furthermore retain the data and information provided to GET separately so that they can be reconstructed at any time in the event of loss or damage.
3.2.8 The Client shall fulfil all cooperation obligations incumbent upon it in a timely manner so that GET is not hindered in the provision of the services.
The Client shall ensure that GET and/or third parties commissioned by GET receive the necessary access to the Client’s premises for the provision of the services.
The Client shall be responsible for ensuring that employees of affiliated companies involved in the fulfilment of the contract, or third parties commissioned by the Client, appropriately cooperate in the fulfilment of the contract.
3.2.9 The Client shall ensure that its employees and attributable third parties handle the facilities and technologies used by GET, as well as any assets provided to them, with due care.
The Client shall in any case be liable to GET for any damage resulting from improper use.
3.2.10 The Client shall ensure that, at the agreed arrival time of GET for the project, the handover of keys to the agreed infrastructure (containers, network, scaffolding for top-up stations, etc.) can take place without unnecessary delay through the previously designated contact person.
Any delays in this regard must be reported to GET immediately, failing which GET reserves the right to carry out corrective measures at the Client’s expense.
3.2.11 If GET depends on specific information from the Client or third parties in connection with the order, the Client shall always comply with the deadlines specified by GET.
Ticket test data (including all ticket types and ticket providers; live database at the current point in time) must be provided in full in an importable, unformatted format 4 weeks prior to the start of the project or event.
The final ticket data must be provided to GET at least 12 hours before opening (first hypothetical validation), unless a direct connection to the ticket provider (API) exists.
3.2.12 Information required for the conclusion of a contract with a Payment Service Provider must be provided by the Client at least 4 weeks prior to the use of the services (online top-up or face-to-face top-up).
3.2.13 If employees of the Client are to be taken over by GET for the execution of the order, a separate written agreement must be concluded for this purpose.
In any case, the Client shall commission sufficient personnel to handle troubleshooting during the event.
Such personnel shall be trained by GET.
3.3 B2C Support
3.3.1 GET shall respond as quickly as possible and with due care to B2C support requests, i.e. requests submitted directly to GET by event attendees, by email regarding the project before and up to 3 months after project completion, calculated from the last event day (= included B2C Support Package).
All written inquiries received during the above-mentioned period shall, where possible, be processed within 3 working days (Mon–Fri) after receipt.
3.3.2 After expiry of the Support Package, any incoming B2C support requests shall be forwarded upon receipt to the contact address provided in advance by the Client, provided that processing by the Client is possible based on the attendee’s inquiries and the respective issues (e.g. remaining payout amount has not yet arrived; response of the Client: “Due to delayed bank transfer processing, there is a delay”).
If the issue concerns a technical matter or a matter that must necessarily be resolved by GET, GET shall continue to fully process such matters even after expiry of the Service Package.
3.3.3 If the above-mentioned issues are attributable to the Client’s sphere of responsibility (e.g. no stable internet connection for debit card payments was provided) and extraordinary processing outside the period of the Support Package becomes necessary as a result, GET reserves the right to charge a fee of EUR 4.00 (excluding VAT) per support case.
This fee may also be charged if the Client does not wish to take over processing after expiry of the support period.
It is expressly noted that, should such processing fees be invoiced, GET shall at any time be able to provide evidence of the respective support cases as well as the corresponding processing times upon request.
3.4 Terms of Use for NFC Chips
3.4.1 Appendix 1 of these GTC contains the template document “General Terms of Use for Event Attendees Regarding the Cashless Purchase of Goods and Services Within the Event Venue”.
This document governs the terms for the use of NFC Chips, by means of which event attendees may purchase goods and services cashlessly during the event.
3.4.2.The Client hereby undertakes to agree the terms of use contained in Appendix 1 with the event attendees.
This shall typically take place as part of the conditions accepted by ticket purchasers during the ticket purchase process or by event attendees during ticket personalization or upon entry to the event.
The organizer is therefore obliged to ensure and document the effective incorporation of the terms of use set out in Appendix 1 vis-à-vis each event attendee.
In particular, the organizer is obliged to make the terms of use set out in Appendix 1 available to event attendees in a manner suitable for effective incorporation when issuing the NFC Chips.
If the Client intends to grant its employees or other persons the use of the NFC Chips as access authorization and/or authorization to use additional services (e.g. catering services), the Client must effectively agree this with the respective persons.
If such persons are additionally permitted to use the NFC Chips for the purchase of goods and services at the event, the Client shall effectively agree the terms of use contained in Appendix 1 with the employees.
3.4.3 Should the Client fail to comply with its obligation agreed under Section 3.4.2, GET shall not be liable for any damages arising from such breach of agreement.
This shall not affect damages caused by GET intentionally or through gross negligence in this context, nor damages caused by GET in this context resulting from injury to life, body, or health.
IV. General Provisions
4.1 Conclusion of Contract
As a general rule, the conclusion of a contract for an order between the Client and GET shall take place in accordance with the requirements and conditions set out in the respective quotation.
The manner and form of the written form required for all such contract conclusions may vary and are also specified in the respective quotation.
Subsidiarily, the relevant statutory provisions of the Austrian Civil Code (ABGB), other applicable statutory provisions, and the corresponding case law of the Austrian courts shall apply.
4.2 Prices
4.2.1 The prices and conditions agreed between GET and the Client result from the respective contract and, unless otherwise agreed in writing, are stated in Euro and exclusive of statutory VAT at the applicable rate.
Unless otherwise contractually agreed, one-time fees shall be invoiced after performance of the services and recurring fees shall be invoiced quarterly in advance.
4.2.2 In the absence of a separate written agreement, GET reserves the right to invoice the services to be provided according to the actual occurrence and the resulting effort in an appropriate amount.
Even in the case of a fixed-price agreement, GET shall be entitled to claim additional remuneration in an appropriate amount or according to the conditions applicable to the originally agreed services if additional services become necessary or circumstances relating to the performance of the services change, provided that such changes are not solely attributable to GET’s sphere of risk.
Should costs necessary for the provision of the services change due to collective bargaining regulations in GET’s industry or other factors (such as costs for materials, financing, or scope of services), GET shall be entitled to increase the prices accordingly and pass such increases on to the Client.
4.2.3 If no justified written objection is raised against an invoice within one week, the invoice shall be deemed approved.
4.2.4 Until full payment has been made, GET reserves ownership of all hardware and software products supplied by GET.
The pledging or transfer by way of security of any goods supplied by GET in favor of third parties is excluded.
4.2.5 All taxes and duties arising from the contractual relationship, such as legal transaction fees or withholding taxes, shall be borne by the Client.
Should GET be held liable for such taxes or duties, the amounts imposed on GET shall become immediately due and payable by the Client, and the Client shall indemnify and hold GET harmless in this regard.
4.2.6 Additional services (such as information submitted late by the Client; additional days of project managers/tech leads or the on-site crew; travel to preliminary appointments, etc.) shall be charged by GET to the Client based on the applicable or separately agreed daily rates.
4.2.7 If the Client requests additional training sessions before the start of the project or setup, such training sessions may be agreed in writing with GET, provided that GET has the corresponding capacities available.
In this regard, the standard billing rates shall apply (project training: hourly rate of the project manager; travel: travel cost flat rate, accommodation, etc.).
4.3 Terms of Payment and Due Date
4.3.1 Invoices issued by GET shall be paid by the Client no later than 10 days from the invoice date and without any deductions.
The payment terms agreed for the overall order shall apply accordingly to partial invoices.
In the event of payment default by the Client (see also Section IV. 4.4.), GET shall be entitled to declare outstanding but not yet due invoice amounts immediately due and payable and/or to request advance payments or security deposits.
In such case, payment for further services shall become immediately due, even if a later due date had originally been agreed.
4.3.2 The right to deduct a cash discount must be expressly agreed in writing.
Without a corresponding written agreement regarding a cash discount, no deduction shall be permitted.
4.3.3 A payment shall be deemed effected on the day on which GET can dispose of the amount (receipt of payment).
4.3.4 Travel and ancillary expenses shall be reimbursed no later than upon presentation of the corresponding receipts.
Travel times shall be remunerated at the agreed hourly rate, but at least according to the actual effort incurred.
4.3.5 Set-off against claims of GET with counterclaims of any kind, as well as any right of retention of the Client regarding payments to be made, is excluded.
4.4 Default
4.4.1 In the event of payment default, the Client shall be obliged to reimburse all costs incurred by GET, such as legal reminder and collection costs or costs of collection agencies, provided that such costs were not grossly disproportionate to appropriate legal enforcement.
In any case, the lump sum amount of EUR 40.00 pursuant to Section 458 UGB shall be payable by the Client to GET in the event of default.
If GET suffers damages exceeding this amount (EUR 40.00) as a result of the Client’s payment default, GET shall also be entitled to full compensation for such damages in addition to the lump sum.
The Client shall compensate any damages, irrespective of fault regarding the payment default, including in particular damages arising from higher interest rates on GET’s credit accounts resulting from non-payment.
4.4.2 Default interest shall be agreed at 9.2 percentage points above the applicable base interest rate of the European Central Bank (ECB) (see Section 456 UGB).
Only if the Client is not responsible for the delay (no fault; external sphere) shall the interest pursuant to Section 1000 para. 1 ABGB apply.
4.4.3 In the event of payment default by the Client, GET shall be entitled to suspend all services and to commence or continue the provision of services only once corresponding payment has been made by the Client to GET.
4.5 Deliveries & Services by GET
4.5.1 GET provides services in the field of “automated data processing and information technology”.
The respective event segment constitutes the primary area of activity, including in particular payment and access control solutions for large-scale events.
4.5.2 The exact scope of GET’s services results from the respective order placed by the Client.
Unless otherwise agreed, GET shall be entitled to provide its services “24/7” at a time of its own choosing.
4.5.3 The basis for the facilities and technologies used by GET is the qualitative and quantitative service requirement determined based on the information provided by the Client.
4.5.4 GET shall be entitled to modify the facilities used for the provision of services (e.g. hardware or software) at its own discretion, provided that no impairment of the services is to be expected.
4.5.5 Services provided by GET that are used by the Client beyond the respectively agreed scope of services shall be remunerated by the Client according to the actual personnel and material expenses at the rates applicable at GET.
This includes in particular services outside GET’s usual business hours, the analysis and elimination of malfunctions and errors caused by improper handling or operation by the Client or by other circumstances not attributable to GET but falling within the Client’s sphere of responsibility.
Examples include special circumstances complicating the execution of the services that the Client could have identified earlier, such as conditions affecting network connectivity, including topographical conditions, defective setups, technical interference sources, etc.
If such complicating circumstances arise due to a company commissioned by the Client, GET shall be free to carry out corrective work at its own discretion.
The resulting additional expenses shall be borne by the Client.
4.5.6 Training services are generally not included in the services and require a separate agreement.
If required, GET shall agree with the Client on a training and device handover date on which the respective employees and (sub-)vendors shall appear for the necessary instructions.
The handover of devices and the “training” of employees on-site and prior to project start are included in the Operations Package.
If the “training” takes place at an earlier point in time (anything more than 6 days before the event or setup start), the provisions under Section III. 3.2 shall apply accordingly.
4.5.7 If GET arranges third-party services upon request of the Client, such contracts shall be concluded exclusively between the Client and the third party under the respective business terms of the third party.
GET shall only be responsible for services provided by itself and not for the performance of the third party.
4.5.8 Before the project to be carried out (i.e. until the day before setup day), GET shall be available for any questions during standard office and service hours (Mon–Fri: 09:00–17:00, excluding public holidays and announced absences communicated verbally or in writing).
The primary contact person shall be the respective Project Manager or Client Success Manager.
If such person is unavailable, a GET hotline (+43 624 572042) shall be available to the Client in such specific cases and generally for technical support outside office and service hours.
4.5.9 During the event (including setup and dismantling periods), GET shall designate one or more on-site contact persons (“Field Managers”) for the organizer who shall generally be available on-site at all times during the event (including setup and dismantling days by GET) or as agreed on-site.
4.6 Terms of Use and Liability of the Client
4.6.1 The Client shall be obliged to comply with the legal requirements applicable in Austria regarding the obligation to issue receipts for cash sales (standard case: the Client may download receipts via the individual login in the Event Portal).
The Client is informed about the respective legal requirements applicable in the country where the event takes place (= project location).
GET shall not be liable for incomplete entries made by the Client or third parties in the system (“Manage”) provided by GET, and the Client shall fully indemnify and hold GET harmless in this regard.
4.6.2 If the Client uses third parties for the fulfilment of its business operations, the Client shall be entitled to sub-rent GET devices (software, hardware, in particular POS devices) for the specific project.
In doing so, the Client undertakes to apply a pricing policy adapted to the circumstances and in accordance with GET’s valuations and, in connection with the onward charging of the devices, to identify itself (the Client) as the contractual partner concerned.
If rental equipment of GET is lost, even due to slight negligence, the Client shall be charged the applicable sales price of GET valid at the respective point in time.
In the event of lost or stolen devices, it is agreed that completeness of the evaluated data cannot be guaranteed.
4.6.3 Before commissioning the end devices provided by GET, the Client shall be obliged to verify in advance the settings configured on the respective end device (prices, items, areas, etc.).
GET shall not be liable for any disadvantages arising from incomplete or incorrect data entries (e.g. item prices, access authorizations, etc.), irrespective of whether the respective entry was made by GET or a third party.
Items and prices may also be changed at any time during the ongoing event via “Manage” by the Client or GET.
GET shall in any case not be liable for damages arising in connection with delayed effectiveness of such changes caused by internet dependency.
4.6.4 The payout period (i.e. the period for reimbursement of remaining balances to the event attendees of the Client via the Event Portal) shall be determined by the Client at its own discretion and in compliance with all applicable legal provisions.
GET shall not be liable for disadvantages arising from payout periods selected too short by the Client.
4.6.5 The Client accepts the conditions defined in GET’s quotation, in particular the tariffs and fees specified therein of the EC and credit card company (“Payment Service Provider”).
Should changes arise in the contractual relationship between GET and the EC and credit card company, in particular regarding tariffs and fees, GET shall be entitled, after corresponding notification to the Client, to apply such changes also within the contractual relationship with the Client, so that the new amended conditions, in particular tariffs and fees, according to GET’s written notification, shall replace the previous conditions and become part of the contract between the Client and GET.
4.6.6 The Client shall not be entitled to charge transaction fees in e-commerce to event attendees, and such fees shall in no case be implemented by GET.
4.6.7 During system implementation, the instructions of the responsible Client Success Manager and/or Project Manager must be complied with.
For the purpose of system implementation, the respective Client Success Manager / Project Manager shall have the discretion to define reasonable deadlines (“Deadlines”) within which the Client must provide the necessary information requested by GET.
These deadlines shall be recorded in the “Event Timeline Sheet”.
Should the Client fail to provide the information requested by GET within the respective deadline, GET shall be entitled to charge the respective current prices according to the “Price List for Additional Services”.
4.7 Service Disruptions
4.7.1 Improper or delayed work or deliveries by other contractors or suppliers, operational or traffic disruptions, or other unexpected events connected with the fulfilment of the order, as well as any adverse conduct by the Client, shall release GET from its obligation to perform services for the duration of the disruption or, at GET’s discretion, permanently, without the Client being entitled to any claims resulting from GET’s withdrawal.
4.7.2 If service disruptions occur during the execution of the contract, the Client shall notify GET thereof immediately in writing (duty to notify defects).
Any additional expenses arising from delayed notification in connection with troubleshooting shall be borne by the Client.
4.7.3 In the event of an external elemental event which could not be prevented even with the utmost reasonable care and is so extraordinary that it cannot be regarded as a typical operational risk (force majeure), including in particular war, epidemics, pandemics, diseases, official measures such as quarantine orders, terrorism, natural disasters, strikes, power outages, failures of telecommunication networks or data lines, or legislative changes affecting the services after conclusion of the contract, etc., GET’s obligation to perform services shall be suspended for the duration of the event without GET being obliged to compensate the Client for any resulting disadvantages.
This shall also apply in particular to operational and traffic disruptions, improper performance by subcontractors, interruptions in transport and/or production shutdowns insofar as such events are attributable to force majeure.
Contrary clauses of the Client are expressly rejected (see in detail Section IV. 4.18.).
4.7 Warranty
4.8.1 The Client furthermore acknowledges and agrees that deviations in the fulfilment of the order may occur due to production and material-related reasons.
In the case of defects alleged by the Client, the Client shall bear the full burden of proof that such defects already existed at the time of handover, even if the Client provides written notice of an alleged defect within the first 6 months after handover.
The “presumption of defectiveness” pursuant to Section 924 ABGB is therefore mutually excluded.
Warranty claims must be asserted by the Client in writing within 6 months after handover, failing which all rights shall lapse, even if the Client only becomes aware of a defect after expiry of this period.
The so-called “chain recourse” pursuant to Section 933b ABGB is fully excluded vis-à-vis GET.
In the event of unauthorized modifications (manipulations), the Client shall lose its warranty rights, as the originally delivered condition and the causes of any defect can no longer be clearly determined.
4.8.2 The Client shall, failing loss of rights, inspect the goods delivered or services provided by GET immediately upon the first possible opportunity.
Defects identified during such inspection, or defects that would have been identifiable upon proper inspection, must be reported by the Client in writing within a reasonable period, but no later than 7 days, specifying the nature and extent of the defect in detail (duty to notify defects).
The notice of defects must be sufficiently substantiated and supported by appropriate evidence.
If a notice of defects is not made or not made in time, the goods or services of GET shall be deemed approved.
Rectification of a defect alleged by the Client shall not constitute acknowledgement of the alleged defect by GET.
The Client’s duty to notify defects shall also apply to incorrect deliveries or quantity discrepancies unless the goods are so obviously defective or incorrect that it would be entirely inconceivable that the Client assumed or could have assumed that the goods were approvable.
4.8.3 Except in cases where the law mandatorily grants the right to rescind the contract, GET shall fulfil warranty claims in the case of a remediable defect, at its own discretion, either by repair, replacement, or price reduction.
Multiple attempts at repair by GET shall be permissible.
4.9 Damages
4.9.1 Claims for damages by the Client are excluded if GET or a third party for whom GET is responsible did not cause the damage intentionally or through gross negligence (exclusion of liability for slight negligence).
However, this shall not apply to personal injury.
The burden of proof shall lie with the Client.
GET shall in any case not be liable for damages resulting from unsuitable or improper use.
Claims for damages by the Client must be asserted within 6 months from knowledge of the damage and the damaging party, failing which all rights shall lapse.
As a general rule, GET maintains liability insurance for its orders.
In the event of damage, the claim shall be reported to the liability insurer and, if the damage is confirmed within the scope of the liability insurance, compensation shall be paid in the amount approved by the insurer.
4.9.2 In the event that the liability insurer and GET do not acknowledge the damage within the scope of the liability insurance, the following shall apply:
The liability of GET — regardless of the legal basis — shall in any case be limited to the order value.
If the order value exceeds EUR 50,000.00, the liability of GET shall — to the extent legally permissible — be limited to an amount of EUR 50,000.00.
4.9.3 After each service performed or delivery made by GET, the Client shall immediately initiate inspections at the first possible opportunity.
Defects identified during such inspections, or defects that would have been identifiable upon proper inspection, must be reported to GET in writing within a reasonable period, but no later than 7 days, specifying the nature and extent of the defect in detail, failing which all claims shall lapse (duty to notify defects).
4.9.4 Claims based on lesion beyond half of the true value (“laesio enormis”) pursuant to Section 934 ABGB are expressly excluded.
4.10 Termination Rights
4.10.1 Following the valid conclusion of a contract, the Client shall have neither a right of withdrawal nor a right of termination.
Ordinary termination during the contractual term is therefore expressly excluded.
4.10.2 Each contracting party shall be entitled to terminate the contract prematurely for good cause.
Good cause shall exist in particular if a contracting party materially breaches obligations arising from the contract or if insolvency or other bankruptcy proceedings are applied for, opened, or rejected due to lack of assets against the other contracting party.
GET shall furthermore be entitled to terminate the contract prematurely for good cause if essential circumstances relating to the provision of the services have changed and continuation of the provision of services can no longer reasonably be expected from GET for this reason.
4.10.3 Upon termination of the contract, the Client shall immediately return or hand over to GET all documents and documentation as well as software and hardware provided by GET.
4.11 Formal Requirements
4.11.1 Declarations, notifications, etc. addressed to GET must generally be made in written form in order to be legally effective, meaning with an original signature or qualified electronic signature, unless expressly provided otherwise in the individual case.
Verbal agreements and assurances shall therefore also require written confirmation.
4.11.2 Changes to the scope of services requested by one contracting party (“Change Request”) shall only become effective through an express written agreement between GET and the Client.
Any requested change must in any case contain a precise description thereof, the reasons for the change, and the impact on scheduling and costs, in order to enable the recipient of the “Change Request” to carry out an appropriate evaluation.
4.11.3 The Client shall notify the other contracting party of changes of address without being requested to do so and without delay, failing which documents may be validly served to the last notified address.
4.12 Industrial Property Rights and Copyrights of Third Parties
GET assumes no liability that the products and services offered and to be provided by GET do not infringe industrial property rights or other copyrights of third parties.
GET shall not be obliged to examine industrial property rights and copyrights of third parties or to inform the Client of their absence.
GET also expressly assumes no liability for the Client using copyrighted goods without possessing the necessary licenses.
This shall also apply if GET must suspect such circumstances.
The Client alone shall be responsible for the completeness and safekeeping of all licenses.
GET reserves the right to inform the Client of copyright and license infringements.
4.13 Confidentiality
The Client undertakes to keep confidential all knowledge obtained through the business relationship (in particular trade secrets) vis-à-vis third parties.
Subcontractors affiliated with GET shall not be deemed third parties insofar as they are subject to confidentiality obligations corresponding in content to this provision.
The Client shall be obliged to impose these confidentiality obligations on all of its employees as well as on cooperating self-employed persons, natural persons, and legal entities, such as tax advisors, attorneys, auditors, etc.
4.14 Data Protection
4.14.1 GET shall comply with all data protection requirements (in particular the GDPR) when processing personal data within the scope of the provision of services.
GET shall process personal data exclusively in accordance with the instructions of the Client.
4.14.2 The parties shall conclude a separate data processing agreement for this purpose.
4.14.3 The above provision replaces all previous agreements that may have been concluded between the parties regarding the processing of personal data.
4.15 Severability Clause
Should one or more provisions of the contract be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The invalid or unenforceable provision shall be replaced by a valid provision corresponding as closely as possible to the economic purpose of the invalid or unenforceable provision.
4.16 Jurisdiction
For all disputes arising out of or in connection with the contractual relationship between the Client and GET, the court having subject-matter jurisdiction in Salzburg City (Austria) shall have exclusive jurisdiction.
4.17 Governing Law
Austrian law shall apply exclusively, excluding the conflict-of-law provisions of the Austrian Private International Law Act (IPRG) and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG), including where the order is or was performed abroad.
The contractual language shall be German.
4.18 Conflicting GTC (“Battle of Forms”)
The Client’s GTC shall be fully superseded by these GET GTC, even if the Client’s GTC regulate matters not addressed in these GET GTC.
In the event that the Client’s GTC contain a similar “priority clause”, the Client expressly waives its application, so that exclusively the GET GTC shall apply in such case.
Only in the event of an irresolvable “battle of forms”, and in order to avoid open or hidden dissent, shall the corresponding dispositive statutory law pursuant to the relevant applicable legal provisions apply instead of these present GTC.
4.19 Arbitration Agreement
4.19.1 The Client and GET expressly agree that GET shall have the right, instead of initiating proceedings before an ordinary court in Austria, to convene an arbitral tribunal in accordance with the following provisions.
4.19.2 The arbitral tribunal shall have its seat in Vienna, Austria.
4.19.3 The arbitral tribunal shall consist of one chairperson and two arbitrators.
4.19.4 Each party shall appoint one arbitrator.
The arbitrators must be attorneys admitted to practice in Austria or university professors specializing in civil law, civil procedure law, or corporate law.
4.19.5 For the purpose of initiating arbitration proceedings, the parties undertake, within 14 days after convening by GET, to nominate an arbitrator by registered letter to the respective opposing party.
A copy of this letter shall be sent by registered letter to the arbitrator nominated by the respective party, together with this arbitration agreement and a description of the disputed legal issue and the relevant facts.
4.19.6 Provided that the two nominated arbitrators fulfil the requirements for accepting the office of arbitrator and accept such office, the arbitrators shall inform the parties of their appointment (acceptance of office) within 4 weeks from the date of posting of the last nomination by registered letter.
4.19.7 Within the same period, the arbitrators shall agree on the person of the chairperson of the arbitral tribunal and notify the parties thereof by registered letter.
If the parties fail to agree on the chairperson within this period, the chairperson shall, upon request of one of the parties, be appointed by the President of the Salzburg Bar Association.
This procedure shall also apply if an arbitrator nominated by one party does not accept the office of arbitrator in writing towards the parties within the prescribed period.
4.19.8 The arbitrators and the parties shall conclude an arbitration agreement regulating in particular the remuneration of the arbitrators and the conduct of the proceedings.
The remuneration of the arbitrators shall be based on the fee guidelines of the International Chamber of Commerce (ICC).
The arbitrators shall be entitled to request an appropriate advance on costs and reimbursement of expenses from the parties upon initiation of the proceedings and to adjust such amounts depending on the development of the proceedings.
With regard to the proceedings, the arbitration agreement shall regulate, among other things, the following:
the arbitral tribunal shall set a reasonable deadline within which both parties must submit their respective written submissions. The deadlines shall be identical for both parties and shall not be consecutive;
the arbitral tribunal shall set a reasonable deadline within which both parties must submit their respective replies. The deadlines shall be identical for both parties and shall not be consecutive. The replies must contain all legal and factual submissions;
the arbitral tribunal shall schedule a hearing and notify the parties thereof in due time.
4.19.9 The law applicable to the arbitration proceedings shall be the provisions of the Austrian Code of Civil Procedure (ZPO) governing arbitration proceedings (Sections 577 et seq. ZPO) and subsidiarily the remaining provisions of the ZPO.
4.19.10 The applicable law shall be Austrian law.
4.19.11 The arbitral award shall be substantiated in writing.
The arbitral tribunal shall also decide in accordance with the rules of the ZPO which party or in what proportion the parties shall bear the costs of the arbitration proceedings, including the costs of the arbitral tribunal and legal representatives.
4.19.12 The language of the proceedings shall be German.
4.19.13 The arbitration proceedings shall be confidential.
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GET GTC
As of March 2026
Terms and Conditions version prior to October 1, 2025
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