General Terms and Conditions by GET

I. Validity 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”), FN 468478p, Am Ausfergenufer 8, 5400 Hallein, with its customers or clients (hereinafter referred to as the “Client”) in the area of business-to-business transactions (hereinafter referred to as “B2B”).

For the purposes of these GTC, the term “Client” refers to any business partner (natural or legal person) of GET for whom GET provides services, in particular in the area of hardware and software components or in other related fields.

Unless expressly agreed otherwise in writing, these GTC shall, in all cases, apply to the conclusion of contracts with any business partners, provided that they are not consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG). 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 those of the Austrian Commercial Code (UGB) and the Austrian Civil Code (ABGB), each as amended.

The GTC are agreed in the version published at the time of conclusion of the contract. The current version of the GTC can be accessed at any time online at https://www.get.systems/gtc and must be read carefully prior to using the website or placing an order.

Gender-specific terms used in these GTC apply equally to all genders.

II. Technical Descriptions

Unless expressly agreed otherwise in writing, the following (technical) terms shall have the meanings defined below:

2.1 Software

Cashless (including Post-Pay

“Cashless” refers to an RFID-based payment system through which an event visitor can make cashless payments at an event (the “Project”) using a wristband or card pre-loaded with “credits” (see “RFID Tag” in the quotation). The visitor may load the wristband or card — if provided for in the quotation (optional paid feature) — either online before the event or directly on-site by paying cash or using a debit or credit card.

Subsequent payment transactions at the event can be made directly using the loaded wristband or card, or (if offered as an optional paid feature in the quotation) additionally via debit or credit card (“open-loop payment”).

To enable these transactions, each point of sale (POS) will be provided by GET, prior to the start of the event, with a “Cashless Device” (the rental price for this hardware is included in the quotation; mandatory, fault-free return required) together with training.

Access

“Access” refers to access control at points predefined by the Client, using GET hardware. Access authorisation is pre-loaded, for example via TicketSwap, onto the RFID wristband/tag and can then be read by GET hardware at the predefined checkpoints.

Required GET hardware: handhelds (included in the quotation), RFID tag (optional paid feature) for each controlled person, and, where applicable, smart gates or turnstiles (optional paid features).

TicketSwap

Ticket data provided in advance by a ticketing provider via API/import are validated at points predefined by the Client using GET hardware. The data can then be written onto an RFID tag (optional paid feature). Troubleshooting must be provided by the ticketing provider.

Required GET hardware: handhelds (included in the quotation), RFID tag (optional paid feature) for each controlled person.

Accredit

“Accredit” refers to a technical solution for managing accreditation processes at events. An online platform is provided through which persons can apply for accreditation. The Client reviews and approves these accreditations. After approval, the accredited person receives a ticket and can register at the event using it.

Required GET hardware: handhelds (included in the quotation), RFID tag (optional paid feature) for each accredited person.

Eventportal

The Eventportal is an online system for collecting event visitor data. It allows visitors to purchase “upgrades”, top up credit, or request refunds. Personal data of event visitors are collected within the Event Portal.

Order

“Order” refers to GET’s point-of-sale (POS) system, through which event visitors can pay by cash or card. The seller uses a handheld (or tablet) to register the purchased items. After the payment process is completed, the corresponding receipt is printed.

To comply with the Austrian Cash Register Security Regulation (RKSV), the vendor must set up an interface between the Austrian tax authority and the POS system before starting sales.

Required GET hardware: handhelds, receipt printer, optionally P400 and/or modem.

Staff

“Staff” refers to a system used to record staff attendance.

Required hardware: the system runs in the background on the devices. In addition, a PC with access to the backend system (“Manage”) is required (PC not provided by GET).

Stock

“Stock” is GET’s inventory-management system in which stock levels can be recorded and sold products are automatically deducted from inventory. Transfers between warehouses and sales locations can also be recorded.

Required hardware: the system runs in the background of the sales devices. To record stock levels and create shipments, a PC with access to the backend system (“Manage”) and a standard printer are required (not provided by GET).

2.2 Hardware

GET warrants the proper functioning of the hardware used, in accordance with the manufacturer’s warranty (e.g. waterproof, dust-resistant, etc.). If POS devices experience technical issues on-site, GET shall keep an appropriate number of replacement devices available to ensure the continuity of sales operations.

Tap2Pay:

“Tap2Pay” enables users to purchase products independently using their RFID/NFC wristband or card (or a similar product sold by GET). If included in the quotation, it is recommended that for each area where such vending machines are installed, at least one person (staff member) be present to assist visitors in operating the machines and to answer questions during the initial hours of operation. Alternatively, or additionally, signage with step-by-step instructions may be displayed near the machines. Each Tap2Pay Smart Gate requires a LAN and power connection.

Tap2Info:

“Tap2Info” allows visitors to check their current balance independently. Each Tap2Info Smart Gate requires a LAN and power connection.

EC/CC Terminals:

EC/CC terminals are additional modules that can be used with GET’s POS devices.
A contract with one of GET’s PSP (Payment Service Provider) partners is required. A current list of approved partners is provided by GET.

Each EC/CC module requires its own LAN and power connection and must be in the same network as the POS device.
When EC/CC modules are used, a WLAN network for the POS devices is mandatory at the location.

Manage:

“Manage” refers to the web-based application through which the Client receives access and corresponding permissions. As part of the GET systems, it enables, among other things, the configuration of price lists for sales devices, ongoing reporting of revenues and transactions, and the processing of refund requests from event visitors (“payouts”).

Access to “Manage” is valid for at least three months after the event and may be extended if required.
In any case, GET ensures that the Client can access the implemented reports and download them (a standard selection of predefined reports, including revenue, transactions, location and device filters, etc.).

Internet & Live-Reporting:

The POS devices transmit all completed transactions in real time, provided a connection (via SIM card in the POS device or established WLAN) is active, thereby enabling live reporting. The Client can monitor current sales at any time using its own mobile GET device or via the provided online access (“Manage”). Through “Live Reporting”, it is possible to analyse and evaluate performance via “Manage” or other systems provided by GET. Depending on the internet connection, some delay may occur. It is noted that, once the cashless payment system has been successfully implemented, its core functionality (payments) does not depend on an internet connection. If the internet connection is temporarily unavailable, reporting delays may occur. As soon as the connection is restored, all transactions are automatically synchronised.

Payment by debit or credit card

If direct payment by debit or credit card is to be enabled, the devices — in addition to a prior agreement between the Payment Service Provider “Six Payment” and the Client — require an active internet connection.

Online top-up at the event on site

If live online top-up at the event site via the Event Portal is desired, the Client must ensure internet connectivity both for the end user’s device (e.g. visitor’s smartphone) and for the GET mobile devices. If POS devices cannot receive top-up data from visitors due to poor connectivity, visitors may use alternative payment methods and have the amount of the online top-up refunded after the event. It is expressly noted that money or credits are never “lost” and will in any case be correctly settled after the event.

B2C Eventportal:

GET provides event visitors with a website in customised branding, through which they can, if included in the quotation (optional paid feature), pre-load money onto the wristband/card or ticket used at the event. Refunds of remaining credit after the event are also processed through this platform.

Refund of Payout Requests

After completion of the project, event visitors can request the refund of the remaining balance on their wristband/card via the Event Portal. To this end, the Client downloads the corresponding reports at defined intervals, which can be processed by the bank, thereby allowing refund requests to be executed collectively by means of batch transfers.

Data Consulting / Insight

GET uses the Business Intelligence application “Google Data Studio”. If the Client wishes to request additional reporting or data consulting services from GET after completion of the project, GET reserves the right to charge for the corresponding effort unless the relevant product was explicitly booked. For this purpose, a time package of up to 50 hours per year is available. This may include product and site analyses, staff utilisation analysis, etc. Otherwise, the Client can, by default, download predefined reports such as revenue and product summaries.

2.3 Additional costs

Should additional costs arise during project execution (see Clause 4.2), for example if information to be provided by the Client is not delivered within the deadlines (“Deadline”) specified by GET, GET shall invoice such additional services to the Client based on the following units:

per “unit”: EUR 100,00.

(e.g.: an additional company/operator created in the system because a trader was forgotten);

per “site”: EUR 50,00.

(e.g.: special location of a retailer; additional bar; additional sales area, etc.);

per “area”: EUR 50,00.

(e.g. an additional access area that is checked);

per “product” in product list: EUR 2,00

(e.g.: add further products to the product list);

per “flag” / Scripting: EUR 100,00.

(e.g.: adding an extra flag or customising the scripting).

III. Special Terms

3.1 Rights of Use in Software Products

3.1.1 Where software products are provided by GET to the Client or the Client is enabled to use software products within the scope of the services, the Client shall have a non-exclusive, non-transferable, non-sublicensable right, limited to the term of the contract, to use the software products in unmodified form.

3.1.2 Unless a separate written agreement is concluded, no further rights in software products shall be transferred to the Client.

3.1.3 All documents provided to the Client by GET, in particular the documentation relating to software products, may neither be reproduced nor distributed in any manner, whether for consideration or free of charge.

3.2 Client’s Duties to Cooperate and Perform

3.2.1 The documents “Hospitality Rider” and “Network Rider”, available at https://www.get.systems/downloads, in the version applicable at the time of the quotation (the cut-off date being the date of the quotation), shall be deemed an integral part of these GTC, and the Client shall fulfil all requirements set out in those documents, including in particular the final network and power requirements.

3.2.2 In addition to the duties to cooperate necessary for performance of the contract (such as provision of information, infrastructure, organisational and technical safeguards, provision of site plans, etc.), the Client undertakes to support all measures required for GET’s provision of the services and for the performance of the contract. Unless otherwise agreed, the Client’s contributions and cooperation shall be rendered free of charge.

3.2.3 Where the services are performed at the Client’s premises or at a location determined by the Client, the Client shall (at its own expense) provide the network components, connections, power supply including surge protection, emergency power supplies, areas for equipment, workstations and infrastructure (e.g. air conditioning) required for GET to provide the services, in the necessary scope and quality.

3.2.4 The Client shall be responsible for complying with the prerequisites required by the respective manufacturer and for the operation of the hardware. The Client shall also be responsible for the security of rooms and buildings, including protection against water, fire and unauthorised access. The Client shall further ensure special security arrangements (e.g. security cells) in its rooms and facilities.

3.2.5 The Client is not authorised to issue instructions of any kind to GET’s employees, and shall submit all matters relating to service performance exclusively to the contact person designated by GET.

3.2.6 The Client shall, by the agreed dates and at its own expense, provide all information, data, access credentials, disclosures and documents required by GET for performance of the order, in the form required by GET, and shall support GET in fault analysis and troubleshooting, in coordinating processing activities and in aligning the services. Changes to the Client’s workflows that may cause changes to the services to be provided by GET for the Client shall require prior written coordination with GET, in particular with regard to their technical and commercial effects.

3.2.7 Unless expressly agreed otherwise in writing, the Client shall, at its own risk and expense, ensure a telecommunications or other network connection (e.g. cabling, WLAN, etc.). The Client is obliged to keep confidential the passwords and log-ins required to use GET’s services. The Client shall additionally retain the data and information provided to GET in its own custody so that they can be reconstructed at any time in the event of loss or damage.

3.2.8 The Client shall perform all duties of cooperation incumbent upon it in good time 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 are granted the necessary access to the Client’s premises to provide the services. The Client shall be responsible for ensuring that employees of its affiliated undertakings who are involved in fulfilling the contract, or third parties commissioned by it, duly cooperate in the performance of the contract.

3.2.9 The Client shall ensure that its employees and third parties attributable to it handle with due care the equipment and technologies used by GET and any assets provided to the Client. The Client shall in any event be liable to GET for any damage arising from a lack of due care in use.

3.2.10 The Client shall ensure that, at the agreed arrival time of GET for the project, handover of the keys for the agreed infrastructure (containers, network, structures for top-up stations, etc.) can take place without undue delay through the previously designated contact person. Any delays in this respect must in any event be notified to GET immediately; otherwise, GET reserves the right to make improvements itself at the Client’s expense.

3.2.11 If GET depends on specific information from the Client or from third parties in connection with the order, the Client shall in all cases comply with the deadlines specified by GET. Ticket test data (including all ticket types and ticket providers; live database as at the current date) must be provided four weeks before the start of the project or event in a complete, importable, unformatted format. 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 to conclude a contract with a payment service provider must be communicated by the Client at least four weeks before using the services (online top-up and/or face-to-face top-up).

3.2.13 If employees of the Client are to be taken over by GET for the purpose of carrying out the order, a separate written agreement shall be concluded. In any event, the Client shall assign sufficient personnel to handle troubleshooting at the event. Such personnel will be trained by GET.

3.3 B2C Support

3.3.1 GET will answer B2C support enquiries—i.e. enquiries that event visitors address directly to GET—by email, for the project before and up to three months after completion of the project, from the last day of the event (the “included B2C Support Package”), as quickly and diligently as possible. All written enquiries received during the above period will, where possible, be processed within three working days (Mon–Fri) of receipt.

3.3.2 After expiry of the Support Package, incoming B2C support enquiries will be forwarded, upon receipt, to the contact address notified in advance by the Client, provided that processing by the Client is possible in light of the visitor’s questions and the issues involved (e.g.: remaining balance from a payout request has not yet arrived; Client’s reply: “Due to a delayed transfer, there will be a delay”). Should the issue be a technical matter or one that must necessarily be resolved by GET, GET will take over full processing even after expiry of the Service Package.

3.3.3 If such issues fall within the Client’s sphere of responsibility (e.g.: no stable internet connection provided for debit card payments) and therefore extraordinary processing is required outside the Support Package period, GET reserves the right to charge a fee of € 4.00 (excluding VAT) per support case. This fee may also be charged if the Client declines to assume processing after the support period has lapsed. It is noted that—should such processing fees be invoiced—GET can, upon request, provide evidence of the cases handled as well as the handling time at any time.

3.4 Terms of Use for RFID Chips

3.4.1 Annex 1 to these GTC contains the template document “General Terms of Use for Event Visitors regarding the Cashless Purchase of Goods and Services within the Event Venue”, which governs the terms of use of wristbands or other items (in particular cards) equipped with RFID chips, by means of which event visitors can purchase goods and services cashlessly on the event site.

3.4.2 The Client hereby undertakes to agree the terms of use set out in Annex 1 with event visitors, either by incorporating them into the Client’s own GTC or in the form of a supplementary agreement.

3.4.3 Should the Client fail to comply with its obligation under clause 3.4.2, GET shall not be liable for any damage arising from such a breach by omission. This shall be without prejudice to damage caused by wilful intent or gross negligence on the part of GET, arising in connection with the purchase of wristbands or other items (in particular cards) equipped with RFID chips.

III. General provisions

4.1 Conclusion of contract

In principle, the contract for an order is concluded between the Customer and GET in accordance with the terms and conditions set out in the respective offer.

The manner and form of the written form required for the conclusion of all these contracts varies and is also set out in the respective offer.

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 on a subsidiary basis.

4.2 Prices

4.2.1 The prices and conditions agreed between GET and the Customer result from the respective contract and, unless otherwise agreed in writing, are in euros and exclusive of statutory VAT at the applicable rate.

Unless otherwise contractually agreed, one-off payments are invoiced after the service has been provided and ongoing payments are 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 amount incurred and the resulting expenses in an appropriate amount.

Even in the case of an all-inclusive price agreement, GET is entitled to make an additional claim in an appropriate amount or at the conditions applicable to the originally agreed service if additional services are provided or if there are changes in the circumstances of the service provision that are not solely attributable to GET's sphere of risk.

In the event of changes in the costs necessary for the provision of services (such as those for materials, financing or scope of services) due to collective agreement regulations in GET's industry or other costs, GET shall be entitled to increase the prices accordingly and pass them on to the customer.

4.2.3 If no reasoned and written objection is raised against an invoice within one week, it shall be deemed approved.

4.2.4 GET retains ownership of all hardware and software products supplied by GET until full payment has been made. The pledging or transfer by way of security of any goods of GET in favour of third parties is excluded.

4.2.5 All tax liabilities arising from the contractual relationship, such as legal transaction fees or withholding taxes, shall be borne by the Customer. Should GET be held liable for such charges, the amounts imposed on GET shall be due for immediate payment by the Customer and GET shall be indemnified and held harmless by the Customer in this respect.

4.2.6 Additional services (such as information submitted too late by the client; additional days of the project manager/tech leads or the crew on site; travelling to advance appointments, etc.) will be charged by GET to the client at the applicable or agreed daily rates.

4.2.7 If additional training is required by the client before the start of the project and installation, this can be agreed in writing with GET, provided that the corresponding capacities are available on the part of GET. In this respect, the conventional billing rates (project training: hourly rate for project manager; travel expenses, catering: Travel allowance, catering etc.) apply.

4.3 Terms of payment and due date

4.3.1 The invoices issued by GET must be paid by the Customer within 10 days of the invoice date at the latest and without any deductions. For partial invoices, the terms of payment specified for the entire order shall apply accordingly.

In the event of late payment (see also Section III. 3.4.) by the customer, GET shall be entitled to demand immediate payment of outstanding but not yet due invoice amounts and/or to demand advance payments or securities. In this case, the payment for further services becomes due immediately, even if another later due date was agreed in principle.

4.3.2 The right to deduct a discount must be expressly agreed in writing. A discount deduction is not permitted without a corresponding written discount agreement.

4.3.3 A payment is deemed to have been made on the day on which GET can dispose of it (receipt of payment).

4.3.4 Reimbursement of travelling and ancillary costs shall be made at the latest on presentation of the relevant receipts. Travelling time shall be reimbursed at the agreed hourly rate, but at least according to the actual expenditure incurred.

4.3.5 Offsetting against the claims of GET with counterclaims of any kind whatsoever, as well as a right of retention of the client with regard to the payments to be made, is excluded.

4.4 Default

4.4.1 In the event of default of payment, the customer is obliged to reimburse all costs incurred by GET, such as legal dunning and collection costs or costs of collection agencies, unless these costs were completely disproportionate to the appropriate legal action. In any case, the lump sum of EUR 40.00 in accordance with § 458 UGB is to be paid by the customer to GET in the event of default. If GET suffers damages in excess of this amount (EUR 40.00) due to the Customer's default in payment, GET shall also be entitled to additional and full compensation in excess of this lump sum.

The customer shall compensate GET for any damage (in particular also the damage caused by the fact that higher interest is incurred on any credit accounts of GET as a result of non-payment) irrespective of the fault for the delay in payment.

4.4.2 Interest on arrears is agreed as 9.2 percentage points above the applicable base rate (ECB) (see § 456 UGB). Only if the Principal is not responsible for the delays (no fault; third-party sphere) shall the interest pursuant to Section 1000 (1) ABGB apply.

4.4.3 In the event of default of payment by the Customer, GET shall be entitled to suspend all services and not to commence the services to be provided or to continue the services until a corresponding payment has been made by the Customer to GET.

4.5 Deliveries & services by GET

4.5.1 GET provides services in the field of "automatic data processing and information technology". The respective event segment represents the primary area of activity, whereby payment and access control solutions for major events are also offered.

4.5.2 The exact scope of GET's services is determined by the respective contract with the client. Unless otherwise agreed, GET has the option of providing its services "24/7" at a time of its choosing.

4.5.3 The basis for the equipment and technologies used by GET is the qualitative and quantitative service requirements determined on the basis of the information provided by the Customer.

4.5.4 GET is entitled to change the equipment used to provide the 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 which are utilised by the customer beyond the agreed scope of services shall be remunerated by the customer according to actual personnel and material expenses at the rates applicable at GET.

This includes in particular services outside GET's normal business hours, the analysis and elimination of faults and errors caused by improper handling or operation by the customer or other circumstances for which GET is not responsible, but which are attributable to the customer's sphere.

These include, for example, special circumstances which impede the performance of the service and which the Customer could have recognised earlier, such as conditions affecting the network connection, e.g. topographical conditions, defective structures, technical interference transmitters, etc.

In the event of the aforementioned aggravating circumstances caused by a company commissioned by the Customer, GET shall be free to carry out improvement work at its own discretion. The additional costs incurred as a result shall be borne by the Customer.

4.5.6 Training services are generally not included in the services and require a separate agreement. If required, GET shall agree a training and equipment handover time with the Customer, at which appropriate employees and (sub-)stand operators shall appear for the necessary instructions.

The equipment handover and "training" of employees on site and before the start of the project is included in the operations package. If the "training" takes place at an earlier point in time (all before 6 days before the event or the start of set-up), the explanations under III. 3.2 apply accordingly.

4.5.7 If GET arranges third-party services at the request of the Customer, these contracts are concluded exclusively between the Customer and the third party under the respective terms and conditions of the third party. GET is only responsible for the services it provides itself, not for the services provided by the third party.

4.5.8 GET is available for any questions prior to the project to be completed (i.e. up to the day before the set-up day) during normal office and service hours (Monday to Friday: 09:00-17:00 - excluding public holidays and absences announced in writing or verbally in advance).

The primary contact person is the respective Client Success Manager. If the Client Success Manager is not available, a GET hotline (+43 624 572042) is available to the Client in these special cases - as well as generally for technical support outside office and service hours.

4.5.9 During the event (including the set-up and dismantling period), GET shall appoint one or more on-site contact persons ("field managers") to the organiser, who can be contacted at any time during the event (including GET's set-up and dismantling day) or on site by prior arrangement.

4.6 Terms of use and liability of the Customer

4.6.1 The Client is obliged to comply with the legal requirements applicable in Austria regarding the obligation to provide receipts for cash transactions (as a rule: the Client can download receipts via the individual login in the event portal).

The Client is informed of the relevant legal requirements applicable in the host country (= project location). GET shall not be liable for incomplete entries by the Customer or third parties in the system provided by GET ("Manage") and GET shall be fully indemnified and held harmless by the Customer in this regard.

4.6.2 If the Customer uses third parties to fulfil its business, it is entitled to sublet equipment from GET (software, hardware, in particular POS devices) for the specific project, whereby the Customer undertakes to use a pricing policy adapted to the circumstances in accordance with GET's values or, in connection with the sub-charging of the equipment, to identify itself (Customer) as the contractual partner in each case.

If GET rental equipment is lost, even if only due to slight negligence, the customer will be charged the GET sales price applicable at the time. In the event of lost or stolen equipment, it is agreed that the completeness of the analysed data cannot be guaranteed.

4.6.3 The Customer is obliged to check the settings (prices, articles, areas, etc.) made on the respective end device before commissioning the end devices provided by GET.

GET shall not be liable for any disadvantages arising from incomplete or incorrectly entered data (e.g. article prices, access authorisations, etc.), irrespective of whether the respective entry is attributable to GET or a third party.

Items and prices can also be changed by the client or GET at any time during an ongoing event via "Manage". In any case, GET shall not be liable for damages that arise in connection with an - internet-dependent - delayed coming into effect of the changes made.

4.6.4 The payout period (i.e. the period for transferring the remaining balance back to the customer's customers via the event portal) is to be determined by the customer at his own discretion and in compliance with all relevant legal regulations.

GET shall not be liable in this respect for any disadvantages that arise due to the short periods chosen by the Customer for the remaining balance.

4.6.5 The Customer accepts the conditions defined in GET's offer, in particular the tariffs and fees of the EC and credit card company ("payment service provider").

Should there be any changes to the contractual relationship concluded between GET and the EC and credit card company, in particular with regard to tariffs and fees, GET shall be entitled to apply these to the contractual relationship with the customer after notifying the customer accordingly, so that the new, amended conditions in accordance with the written notification from GET shall then become part of the contract between the customer and GET instead of the previous conditions, in particular tariffs and fees.

4.6.6 The Customer is not entitled to demand transaction fees in e-commerce and such fees will not be implemented by GET under any circumstances.

4.6.7 During system implementation, the instructions of the relevant Client Success Manager and/or Project Manager must be complied with accordingly.

For the purpose of system implementation, it is at the discretion of the respective Client Success Manager / Project Manager to set deadlines within which the Client must provide the necessary information requested by GET. These deadlines are recorded in the "Event Timeline Sheet".

If the Customer fails to provide the information requested by GET within the respective deadline, GET shall be entitled to charge the current prices in accordance with the "Price List for Special Services".

4.7 Service disruptions

4.7.1 Improper or delayed work or deliveries by other contractors or suppliers, operational and traffic disruptions or other unexpected events in connection with the fulfilment of the order, as well as any detrimental behaviour on the part of the Customer, shall release GET from the obligation to provide the service for the duration of the hindrance or, at its discretion, permanently, without the Customer being entitled to any claims based on withdrawal by GET.

4.7.2 If performance disruptions occur in the course of contract fulfilment, these must be reported to GET immediately in writing by the customer (obligation to give notice of defects).

The additional costs incurred in rectifying the fault due to late notification shall be borne by the Customer.

4.7.3 In the event of an external, elementary event which could not have been prevented even with the utmost reasonable care and which is so exceptional that it cannot be regarded as a typical operational risk (force majeure), such as in particular war, epidemics, pandemics, epidemics, official measures such as quarantine orders, terrorism, natural disasters, strike, power failure, failure of telecommunications networks or data lines or changes in the law affecting the services after the conclusion of the contract, etc., GET's obligation to perform shall be cancelled, GET's obligation to perform shall be suspended for the duration of the event, without GET having to compensate the customer for any disadvantages.

This also applies in particular to operational and traffic disruptions, improper performance by subcontractors, transport interruptions and/or production stoppages, insofar as these events are due to force majeure.

Any clauses of the Customer to the contrary are expressly not recognised (see Section III. 3.18. for details).

4.8 Warranty

4.8.1 The Client also acknowledges and agrees that there may be production and material-related deviations in the fulfilment of the order.

In the event of defects alleged by the Customer, the Customer shall bear the full burden of proof that these defects already existed at the time of handover, even if the Customer becomes aware of an alleged defect in writing or notifies the Customer in writing within the first 6 months after handover. The "presumption of defectiveness" within the meaning of § 924 ABGB is thus excluded by mutual agreement.

Warranty claims must be asserted by the client in writing within 6 months of handover at the latest, otherwise the client loses all rights, even if the client only becomes aware of a defect after this period.

The so-called "chain recourse" within the meaning of § 933b ABGB is fully excluded against GET.

In the event of unauthorised changes (manipulations), the client loses his right to warranty, because the original condition and the causes of a defect can then no longer be clearly determined.

4.8.2 The Customer must inspect the goods delivered or services rendered by GET without delay from the first opportunity to do so, failing which he shall forfeit his claim.

Defects discovered in the process, or those that would have been detectable during a proper inspection, must be reported to the Customer in writing within a reasonable period of time, at the latest within 7 days, stating the nature and extent of the defect (obligation to give notice of defects).

The notice of defects must be sufficiently substantiated and documented with appropriate certificates. If a complaint is not made or not made in good time, the goods or (service) performance of GET shall be deemed to have been approved.

Rectification of a defect alleged by the Customer does not constitute an acknowledgement of the defect alleged by the Customer.

The Customer's obligation to give notice of defects also applies to incorrect deliveries or quantity errors, provided that the goods are not so obviously defective or incorrect that it is completely inconceivable that the Customer assumed or was entitled to assume that the goods were fit for approval.

4.8.3 With the exception of those cases in which the right to cancellation of the contract is mandatory by law, GET shall fulfil warranty claims in the event of a remediable defect at its discretion either by improvement, replacement or price reduction. Several attempts at improvement by GET are permissible.

4.9 Compensation for damages

4.9.1 Claims for damages by the client are excluded if GET or a third party for which GET is responsible has not caused the damage intentionally or through gross negligence (exclusion of liability for slight negligence). However, this does not apply to personal injury. The burden of proof lies with the client.

In any case, GET shall not be liable for damage caused by unsuitable or improper use.

Claims for damages by the Customer must be asserted within 6 months of becoming aware of the damage and the damaging party, failing which they shall be forfeited.

GET has generally taken out liability insurance for its orders. In the event of damage, the damage shall be reported to the liability insurance company and, if the damage is recognised by the liability insurance company, the damage shall be paid in the amount approved by the insurance company.

4.9.2 In the event that the liability and GET do not recognise the damage under the liability insurance, the following shall be deemed agreed:

the amount of any liability of GET - for whatever reason - is then limited in any case to the order value. If the order value exceeds EUR 50,000.00, any liability of GET shall be limited to an amount of EUR 50,000.00, to the extent permitted by law.

4.9.3 After each service or delivery carried out by GET, the Customer must immediately initiate investigations from the first possibility.

Any defects discovered in this process, or defects that would have been discovered during a proper inspection, must be reported to GET in writing within a reasonable period of time, at the latest within 7 days, stating the nature and extent of the defect and otherwise forfeiting any claim (obligation to give notice of defects).

4.9.4 Claims for reduction by more than half ("laesio enormis") in accordance with § 934 ABGB are expressly excluded.

4.10 Cancellation rights

4.10.1 The Client has neither a right of cancellation nor a right of termination after the effective conclusion of the contract. Ordinary cancellation is therefore expressly excluded during the term of the contract.

4.10.2 Each contracting party is entitled to terminate the contract prematurely for good cause. Good cause shall be deemed to exist in particular if a contractual partner breaches material obligations under the contract or if bankruptcy or other insolvency proceedings are applied for, opened or rejected (due to lack of assets) against the other contractual partner.

GET is also entitled to terminate the contract prematurely for good cause if material circumstances relating to the provision of services have changed and GET can no longer be reasonably expected to continue the provision of services for this reason.

4.10.3 Upon termination of the contract, the Customer 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 always be in writing to be legally valid, i.e. the original signature or qualified electronic signature, unless expressly provided otherwise in individual cases. Verbal agreements and assurances must therefore also be confirmed in writing.

4.11.2 Changes to the scope of services requested by a contracting party ("change request") are only realised by express written agreement between GET and the Customer.

A requested change must in any case provide a precise description of the change, the reasons for the change and the impact on scheduling and costs in order to give the addressee of the "change request" the opportunity to make an appropriate assessment.

4.11.3 The Customer shall notify the other contracting party of any change of address without being requested to do so and without delay, failing which documents can be delivered to the last known address with legal effect.

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 is not obliged to check the industrial property rights and copyrights of third parties and to inform the customer of their absence. GET also expressly assumes no liability for the fact that the customer uses copyrighted goods without possessing the necessary licences.

This also applies if GET has to assume this. The customer shall be solely responsible for the completeness of all licences and their safekeeping. GET reserves the right to inform the customer of copyright and licence infringements.

4.13 Confidentiality

The Customer undertakes to maintain confidentiality vis-à-vis third parties with regard to the knowledge (in particular trade secrets) obtained from the business relationship. The subcontractors associated with GET shall not be deemed to be third parties insofar as they are subject to a confidentiality obligation corresponding to the content of this point.

The Customer is obliged to impose these confidentiality obligations on all his employees, but also on self-employed persons, natural and legal persons working with him, such as tax consultants, lawyers, auditors, etc.

4.14 Data protection

4.14.1 GET shall be entitled to process personal data of the Customer in any appropriate and not completely disproportionate manner within the framework of the fulfilment of the order and in order to safeguard the relevant legal interests.

GET is authorised to collect personal data in the course of carrying out accreditations for the purpose of the order and - where legally permissible and necessary - to make copies of public identification documents.

The collection of personal data serves exclusively to issue the event accreditations and on-site security checks, without which it is impossible to provide the services under this agreement.

4.14.2 The respective contractual partner collects data as a data controller as defined in data protection legislation. "Data Protection Legislation" means all applicable data protection laws and related implementing regulations, including laws and regulations arising from the implementation of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and the General Data Protection Regulation (2016/679) ("GDPR").

4.14.3 The Customer shall only collect personal data from GET employees or their vicarious agents and GET shall only transfer personal data from GET employees or their vicarious agents insofar as this is necessary for the fulfilment of the order.

4.15 Severability clause

Should one or more provisions of the contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.

The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose or the invalid or unenforceable clause.

In case of any ambiguity, discrepancy, or conflict between the German version and any translations of this agreement, the German version shall prevail and govern the interpretation and enforcement of this agreement to the fullest extent permitted by law.

4.16 Jurisdiction agreement

All disputes arising from or in connection with the contractual relationship between the client and GET shall be settled by the competent court in Salzburg City (Austria).

4.17 Choice of law

Austrian law shall apply exclusively, to the exclusion of the conflict of law rules of the Austrian Private International Law Act (IPRG) and the provisions of the UN Convention on Contracts for the International Sale of Goods, even if the order is or was carried out abroad.

The contract language is German.

4.18 Conflicting GTC ("Battle of Forms")

The GTC of the Customer shall be superseded in full by these GTC of GET, even if the GTC of the Customer regulate content that is not regulated in these GTC.

In the event that a similar "priority provision" is contained in the GTC of the Customer, the Customer expressly waives its application, so that only the GTC of GET shall apply in this case.

Only in the event of an irreconcilable "battle of forms" shall the corresponding dispositive law in accordance with the relevant applicable statutory provisions apply instead of the present and present GTC in order to avoid an open or hidden disagreement.

4.19 Arbitration agreement

4.19.1 The Customer and GET expressly agree that GET has the right to convene a court of arbitration in accordance with the following provisions instead of proceedings before an ordinary court in Austria.

The court of arbitration shall have its seat in Vienna, Austria.

4.19.3 The arbitration tribunal shall consist of a chairman of the arbitration tribunal and two arbitrators.

4.19.4 Each party shall appoint one arbitrator. The arbitrators shall be attorneys-at-law or university professors specialising in civil law, civil procedure law or corporate law who are admitted to practice in Austria.

4.19.5 In order to invoke the arbitration tribunal, the parties undertake to nominate an arbitrator within 14 days of the convocation of GET by registered letter to the respective other 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 legal issue in dispute and the relevant facts.

4.19.6 If the two nominated arbitrators fulfil the requirements for accepting the office of arbitrator and accept the office of arbitrator, the arbitrators shall inform the parties of their appointment (acceptance of the office of arbitrator) by registered letter within four weeks from the date of posting of the last nomination.

4.19.7 Within the same period, the arbitrators shall agree on the person to chair the arbitral tribunal and inform the parties thereof by registered letter.

If the parties do not agree on the person of the chairman within this period, the chairman shall be appointed by the President of the Salzburg Bar Association at the request of one of the parties.

This procedure shall also apply if an arbitrator nominated by one of the parties does not accept the office of arbitrator in writing to the parties within the specified period.

4.19.8 The arbitrators and the parties shall conclude an arbitrators' agreement, which shall regulate in particular the remuneration of the arbitrators and the course of the proceedings. The amount of the arbitrators' fees shall be based on the fee guidelines of the International Chamber of Commerce. The arbitrators are authorised to demand an appropriate advance on costs and reimbursement of expenses from the parties when initiating the proceedings and to adjust these accordingly depending on how the proceedings develop.

With regard to the proceedings, the arbitration agreement must stipulate the following, among other things:

the arbitral tribunal shall set a reasonable deadline within which both parties must submit their respective written submissions. The deadlines should be the same for both parties and should not be consecutive;

the arbitral tribunal shall set a reasonable time limit within which both parties must submit their respective replies. The final dates of these deadlines shall be the same for both parties and shall not be consecutive. The replies shall contain all legal and factual submissions;

the arbitral tribunal shall schedule a hearing and inform 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) for arbitration proceedings (Sections 577 et seq. ZPO) and, on a subsidiary basis, the other provisions of the ZPO.

4.19.10 The applicable law is 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 the parties' representatives.

4.19.12 The language of the proceedings shall be German.

4.19.13 The arbitration proceedings are confidential.

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GET GTC

As of October 2025

>> Terms and Conditions version prior to October 1, 2025