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General terms and conditions
for Global Event Technologies GmbH & Co KG

I. Validity of the GTC

These General Terms and Conditions (hereinafter referred to as "GTC") exclusively govern all contractual relationships concluded by Global Event Technologies GmbH & Co KG (hereinafter referred to as "GET"), FN 468649S, Neualmerstraße 37, 5400 Hallein with its customers/clients (hereinafter referred to as "Client") in the area of business transactions (hereinafter referred to as "B2B").

 

For the purposes of these General Terms and Conditions, "Client" shall mean 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 areas.

 

Unless expressly agreed otherwise in writing, the present GTC shall in any case apply to the conclusion of contracts with any business partners, unless they are consumers within the meaning of the Austrian Consumer Protection Act, and these GTC shall form the basis for the entire contractual relationship and also for ancillary agreements.

 

The applicable Austrian statutory provisions, in particular those of the Austrian Commercial Code (UGB) and the Austrian General Civil Code (ABGB), as amended, shall apply in addition to the GTC.

 

The GTC are agreed in the version published at the time the contract is concluded. The current GTC can be accessed at any time on the Internet at https://www.get.systems/gtc and must be read carefully before using the website and before placing an order.

 

Gender-specific synonyms used in the GTC apply equally to the female and male form.

 

 

II.Special and technical provisions

 

2.1 Rights of use to software products

2.1.1 If GET provides the Customer with software products or enables the Customer to use software products as part of the services, the Customer shall have the non-exclusive, non-transferable, non-sublicensable right, limited to the term of the contract, to use the software products in unmodified form.

 

2.1.2 Unless a separate written agreement is made, no further rights to software products shall be transferred to the Customer.

 

2.1.3 All documents provided to the Customer by GET, in particular the documentation for software products, may not be reproduced or distributed in any way, whether for a fee or free of charge.

2.2 (Special) obligations of the customer to co-operate and perform

2.2.1 The documents "Hospitality Rider" and "Network Rider" available on the website https://www.get.systems/downloads shall apply in the version valid at the time of the offer (the effective date is the date of the offer) as an integral part of these GTC, and the Customer shall fulfil all requirements specified in these documents, including in particular the final network and power requirements.

 

2.2.2 In addition to the obligations to cooperate required for the fulfilment of the order (such as: Provision of information, infrastructure, organisational and technical securities, 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, the provision of materials and co-operation by the Customer shall be free of charge. If the services are provided on site at the customer's premises or at a location specified by the customer, the customer shall provide (at its own expense) the network components, connections, supply current including peak voltage equalisation, emergency power supplies, space for equipment, workstations and infrastructure (e.g. air conditioning) required for the provision of services by GET in the required scope and quality.

 

2.2.3 The Principal shall be responsible for compliance with the requirements stipulated by the respective manufacturer and for the operation of the hardware. The Principal shall also be responsible for room and building security, including protection against water, fire and unauthorised access. The Client shall also ensure that special security precautions (e.g. security cells) are taken in its rooms and premises.

 

2.2.4 The Customer is not authorised to issue instructions of any kind to GET's employees and the Customer shall address all concerns regarding the provision of services exclusively to the contact person designated by GET.

 

2.2.5 The customer shall provide all information, data, access, information and documents required by GET for the execution of the order in the form requested by GET on the agreed dates and at his own expense and shall support GET in problem analysis and troubleshooting, the coordination of order processing and the coordination of services. Changes in the Customer's work processes that may cause changes in the services to be provided by GET for the Customer require prior written agreement with GET, in particular with regard to their technical and commercial effects.

 

2.2.6 Unless expressly agreed otherwise in writing, the customer shall provide a telecommunications or other network connection (e.g. cable, W-LAN, etc.) at his own risk and expense. The Customer is obliged to treat the passwords and log-ins required to use GET's services confidentially. The customer shall also keep the data and information provided to GET in a safe place so that it can be reconstructed at any time in the event of loss or damage.

 

2.2.7 The Customer shall fulfil all its obligations to cooperate in such a timely manner that GET is not hindered in the provision of services. The Customer shall ensure that GET and/or the third parties commissioned by GET have the necessary access to the Customer's premises for the provision of the services. The Customer is responsible for ensuring that the employees of its affiliated companies involved in the fulfilment of the contract or third parties commissioned by it cooperate accordingly in the fulfilment of the contract.

 

2.2.8 The Customer shall ensure that its employees and third parties attributable to it treat the equipment and technologies used by GET and any assets provided to it with care. In any case, the client is liable to GET for any damage caused by improper use.

 

2.2.9 The Customer must ensure that the keys to the agreed infrastructure (container, network, scaffolding for top-up stations, etc.) can be handed over by the contact person named in advance at the agreed time of arrival of GET at the project - without unnecessary delay.

infrastructure (containers, network, scaffolding for top-up stations, etc.) by the contact person named in advance. Any delays in this regard must be reported to GET immediately, otherwise GET reserves the right to make improvements itself at the expense of the client.

 

2.2.10 If GET is dependent on specific information from the customer or third parties in connection with the order, the customer must always comply with the deadlines specified by GET. Ticket test data (including all ticket types and ticket providers; live database at the current time) must be submitted in full in an importable, unformatted format 4 weeks before the start of the project or event. If there is no direct connection to the ticket provider (API), the final ticket data must be sent to GET at least 12 hours before opening (first hypothetical validation).

 

2.2.11 Information for a contract to be concluded with a payment service provider must be provided by the client at least 4 weeks before the services are utilised (online top-up or face-to-face top-up). 

 

2.2.12 If employees of the Customer are to be taken on by GET to fulfil the order, a separate written agreement must be made. In any case, the client must assign sufficient personnel to be able to carry out troubleshooting at the event. This personnel shall be trained by GET.

2.3 B2C Support

2.3.1 GET shall answer B2C support enquiries, i.e. enquiries sent directly to GET by the client's end customers, by email about the project before and up to 3 months after project implementation, from the last day of the event (= included B2C support package) as quickly and conscientiously as possible. All enquiries received in writing during the above-mentioned period will be processed within 3 working days (Mon - Fri) of receipt, insofar as this is possible.

 

2.3.2 After expiry of the Support Package, any B2C support enquiries will be forwarded to the contact address provided by the Client in advance, provided that processing by the contractual partner is possible due to the customer's queries and problems (e.g.: remaining money from the payout enquiry has not yet arrived; response from the contractual partner: "There is a delay due to a delayed bank transfer").

 

If it is a technical problem or a problem that must be solved by GET, GET will take over the complete processing even after the service package has expired.

 

2.3.3 If these problems are the responsibility of the customer (e.g. no stable Internet connection was provided for bank transfer payments) and therefore extraordinary processing - outside the period of the support package - is required, GET reserves the right to charge a fee of € 4.00 (excl. VAT) per support case. This fee can also be charged if the client does not wish to accept any processing after the support period has expired. It should be noted that - should these processing fees be charged - GET can prove the processing cases as well as the processing time at any time upon request.

 

2.4 Technical descriptions

Unless expressly agreed otherwise in writing, the following (technical) terms shall be understood to mean the following:  
 

2.4.1 Software:

  • Cashless (incl. Post-Pay)

Cashless" refers to a payment system based on RFID technology that allows a visitor to make cashless payments at an event (project) using a wristband or card loaded with "credits" (see "RFID tag" in the offer). The visitor can top up their wristband/card (if provided for in the offer: optional chargeable feature) online before the event or directly on site by paying in cash or by debit or credit card. Payments on site can then be made directly with the loaded wristband/card, or (if provided for in the offer: optional chargeable feature) additionally with the ATM or credit card (= "open loop payment"). In order to be able to carry out this process, each point of sale receives a "cashless device" from GET before the start of the event (rental price of this hardware is included in the offer: obligatory, error-free return) including training.

  • Access

Access" is the term used to describe access control - at points predefined by the client - using GET hardware. The access authorisation is transferred to the RFID wristband/tag in advance, e.g. via ticket swap, and can then be read by GET hardware at the predefined points.

 

GET hardware required: handhelds (included in the offer), RFID tag (optional chargeable feature) on the persons to be checked, smart gates if necessary (optional chargeable feature), smart gates + turnstiles if necessary (optional chargeable feature).

  • Ticketswap

Ticket data supplied in advance by a ticket provider via API / import is validated with hardware from GET at points previously predefined by the client. The data can then be transferred to an RFID tag (optional chargeable feature). The troubleshoot must be provided by the ticket provider.

 

Hardware required from GET: handhelds (included in the offer), RFID tag (optional chargeable feature) on the persons to be checked.

  • Accredit

Accredit is a technical solution for handling accreditation processes at events. An online platform is made available via which people can apply for accreditation. The client checks the accreditations and approves them. After approval, the person to be accredited is sent a ticket and can then be registered at the event.

 

Hardware required by GET: Handhelds (included in the offer), RFID tag (optional chargeable feature) on the persons to be checked

  • Eventportal

The event portal is an online system for recording guest data. Guests have the opportunity to purchase "upgrades", top up their credit or have it paid out. Guests' personal data is recorded in the event portal.

  • Order

"Order" is a cash register system from GET that allows customers to pay by cash or card. The vendor uses the handheld (or tablet) to register the purchased products.

Once the payment process has been completed, the corresponding invoice is printed.

In order to comply with the RKSV in Austria, the retailer sets up an interface between the Austrian tax office and the POS system before the start of sales. Hardware required by GET: Handhelds, receipt printer, P400 if necessary, modem if necessary

  • Staff

Staff" is a system for recording staff attendance.

 

Required hardware: The system runs in the background of the devices. A PC with access to the backend system (Manage) is also required (PC is not provided by GET)

 

  • Stock

"Stock" is a stock recording system from GET in which stock levels can be recorded and sold products are automatically deducted from the stock. Shipments between warehouses and sales locations can also be recorded.

 

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

2.4.2 Hardware

GET guarantees the appropriate function of the hardware used in accordance with the manufacturer's warranty (e.g.: waterproof, dustproof, etc.). In the event of technical problems with POS devices on site, GET will always have sufficient replacement devices available to ensure the continuity of sales transactions at all times.

 

  • Tap2Pay:

Tap2Pay allows the user to purchase a product independently using their RFID / NFC wristband or card (or a similar product sold by GET). If these are included in the offer, it should be mentioned in this regard that it is very helpful for visitors if a person (employee) is positioned in each area where such machines are set up to assist guests in operating the machines or to answer questions during the first hours of opening. Alternatively or additionally, signage with step-by-step instructions can be attached to the machines. Each Tap2Pay Smartgate requires a LAN and power connection.

 

  • Tap2Info:

With Tap2Info, guests can check their current credit balance independently. Each Tap2Info Smartgate requires a LAN and power connection.
 

  • EC/CC Terminals:

The EC/CC terminals are additional modules that can be used with GET POS devices. This requires a contract with a GET PSP partner. A current list is provided by GET for this purpose. Each EC/CC module requires its own LAN and power connection. The EC/CC module must be located in the same network as the POS device. As soon as EC/CC modules are in use, a WLAN network for the POS devices is mandatory at the position used.

  • Manage:

"Manage" refers to the Internet application with which the contractual partner receives access and the associated specific authorisations, whereby, among other things - as part of the GET systems - price lists can be implemented for the sales devices, ongoing reporting can be carried out on the sales/transactions made, and the repayment requests of visitors (= payout) can be processed. Access for "Manage" is generally valid for at least 3 months after the event and can be optionally extended if required. In any case, it is guaranteed that the contractual partner has access to the implemented reports and that these can be downloaded. (Standard selection of predefined reports, including sales, transactions, location and device filters, etc.)

 

  • Internet & Live-Reporting:

The point of sale devices ("POS devices") transmit all sales made directly if the connection is maintained (SIM card in the POS device or WLAN connection established), which makes live reporting possible. In this case, the client has an insight into the current sales and can query the current sales at any time using their own mobile GET device or the online access provided ("Manage"). Via our "live reporting" it is possible to track and analyse an evaluation via Manage or corresponding systems provided by GET. Depending on the internet connection, a delay is to be expected. It should be noted that the basic function (payment) - after successful implementation - of the cashless payment system does not require an internet connection. If the Internet connection is down for any reason, there may be delays in reporting. As soon as the connection is re-established, the devices transmit the transactions made.

 

  • Payment by debit or credit card

If the direct payment option is to be processed using debit and credit cards, these devices require a valid Internet connection in addition to a prior agreement with the payment service provider "Six Payment and the contractual partner.
 

  • Online top-up at the event on site

If a live top-up on site online via the event portal is desired, customers require internet on their end device (e.g. a visitor's mobile phone) as well as the mobile devices on the part of GET. If the point of sales devices do not have a sufficient connection to receive the customer's top-up information, the customer can use alternative payment options and have the money for the online top-up transferred back to them after the event. It should be noted that money or credits will not be "lost" under any circumstances and will be settled correctly after the event at the latest.

 

  • B2C Eventportal:

GET provides a website with customised branding for the contractual partner's end customers, whereby the contractual partner's customers have the option of loading money online in advance (if provided for in the offer: optional fee-based feature) onto the wristband/card or ticket used at the event. Furthermore, the credit will be refunded on this platform after the event.
 

  • Re-transfer of the payout refunds:

After the end of the project, the contractual partner's customers/visitors can request the refund of their remaining credit on the wristband/ticket via the event portal. For this purpose, the client downloads the reports at the desired intervals, which can be processed by the bank, whereby the customers' repayment requests are processed per document with a collective transfer.
 

  • Data-Consulting, insight:

GET uses the business intelligence application "Google Data Studio". Should the contractual partner wish to make use of additional reporting or data consulting by GET after completion of the project, GET reserves the right to invoice the corresponding expenditure from the data analyses, unless the corresponding product was actually booked. A corresponding time package of a maximum of 50 hours is available for one year. This includes product and location analyses, personnel utilisation, etc. Otherwise, the contractual partner is able to download predefined reports on turnover, products, etc. as standard.

 

2.4.3 If additional costs are incurred in the course of order fulfilment (see point III. 3.2 below) (e.g. if information to be provided by the Client is not made available by the deadlines specified by GET in advance), GET shall charge the Client for these additional services with reference to the following service 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. General provisions

 

3.1 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.

3.2 Prices

3.2.1 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.

 

3.2.2 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.

 

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

 

3.2.4 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.

 

3.2.5 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.

 

3.2.6 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.

 

3.2.7 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.

3.3 Terms of payment and due date

3.3.1 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.

 

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

 

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

 

3.3.4 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.

 

3.3.5 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.

 

3.4 Default

3.4.1 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.

 

 

3.4.2 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.

 

 

3.4.3 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.

3.5 Deliveries & services by GET

3.5.1 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.

 

3.5.2 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.

 

3.5.3 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.

 

3.5.4 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.

 

3.5.5 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.

 

3.5.6 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.

 

3.5.7 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.

3.5.8 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.

 

3.5.9 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.

3.6 Terms of use and liability of the Customer

3.6.1 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.

 

3.6.2 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.

 

3.6.3 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.

 

3.6.4 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.

 

3.6.5 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.

 

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

 

3.6.7 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".

3.7 Service disruptions

3.7.1 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.

 

3.7.2 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.

 

3.7.3 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).

3.8 Warranty

3.8.1 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.

 

3.8.2 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.

 

3.8.3 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.

3.9 Compensation for damages

3.9.1 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.

 

The amount of any liability of GET - for whatever reason - shall in any case be limited 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.

 

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

 

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).

 

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

3.10 Cancellation rights

3.10.1 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.

 

3.10.2 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.

 

3.10.3 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.

3.11 Formal requirements

3.11.1 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.

 

3.11.2 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.

 

3.11.3 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.

3.12 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.

3.13 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.

3.14 Data protection

3.14.1 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.

 

3.14.2 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").

 

3.14.3 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.

3.15 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.

 

3.16 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).
 

3.17 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.

 

3.18 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.

3.19 Merchant of Record

GET acts as merchant of record for all corresponding transactions carried out via its website(s) and on site. This means that GET is responsible for the processing and fulfilment of orders, the processing of payments and the handling of customer enquiries in connection with these orders.

 

By using the Website, co-operating with GET and providing the Platform to your customers, the Client expressly agrees that GET is the merchant of record for these transactions and that the relevant terms and conditions of GET as merchant of record https://get.systems/mor become part of the contract.

 

In the event that GET does not act as merchant of record, this shall also be agreed in writing with the Customer in advance.

3.20 Arbitration agreement

3.20.1 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.

 

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

 

3.20.4 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.

 

3.20.5 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.

 

3.20.6 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.

 

3.20.7 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.

 

3.20.8 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.

 

3.20.9 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.

 

3.20.10 The applicable law is Austrian law.

 

3.20.11 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.

 

3.20.12 The language of the proceedings shall be German.

 

3.20.13 The arbitration proceedings are confidential.


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GET GTC

Status December 2023

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