AuscultA Management Training

Validity:

These general terms and conditions (GTC) apply to all legal transactions between AuscultA Management Training – hereinafter referred to as AM-T – and its customers and other contractual partners; the general terms and conditions of a customer and other contractual partner apply – even if these have been sent – only if their validity has been expressly agreed in writing.

Should individual provisions of these GTC not be effective, or be declared ineffective by courts or administrative authorities, the other GTC – unaffected by this – shall remain in effect in any case. The ineffective provisions of the GTC shall be replaced by provisions that come closest to the economic purpose and the system of the GTC. The same applies to necessary interpretations and additions.

Service and delivery periods:

The scope of services is determined by the written order. If there is no written order, the written offer from AM-T serves as the basis for the order.

Changes and/or additions to the order must be made in writing to be effective.

Know-how provided by AM-T in the course of providing services is protected by international copyright. Each individual participant receives the right to use the know-how provided within the scope of the order (which also includes the documents, such as audio books, seminar documentation, workbooks, checklists and the like) for personal use. Passing it on to third parties without the written consent of AM-T is excluded.

All rights, in particular the right to reproduce and distribute documents, are expressly reserved.

For the AuscultA Management audio book or parts thereof, the works contained therein may not be reproduced or processed, duplicated or distributed in any form whatsoever (e.g. dubbing, transferring into written form, copying, etc.) – either partially or completely – without written permission from AuscultA or using electronic or other systems.

This also applies mutatis mutandis to all other content and documents.

Agreed delivery periods are merely guide values and the customer cannot assert any claims for damages of any kind against AM-T if the deadlines are exceeded. In the event of culpable exceeding of an agreed delivery period, default only occurs after a reasonable grace period has been set. Claims for damages due to culpable delays in delivery are excluded – to the extent permitted by law; any claims for damages that are not excluded are in any case limited to the invoice value of the service not provided on time and already invoiced by AM-T.

Liability:

AM-T is not liable for delays and other disruptions in the provision of services that are caused by the client or are within its sphere of influence. AM-T is not liable for information, data and other documents received from the client or third parties.

The client shall provide AM-T with the documents and information necessary for the fulfillment of the order in good time.

AM-T is entitled to destroy the client’s files/documents etc. in its possession after a period of one (1) year after the end of the mandate, provided that these have not been requested back by the client.

AM-T is entitled to involve third parties to fulfill the contract. AM-T is only liable for the third parties called in by it alone and then only for the careful selection and instruction of third parties. AM-B assumes no liability whatsoever for third parties who are selected and called in jointly or independently of AM-B. AM-B acts as a representative in the name and on behalf of the client.

AM-T accepts no liability for damages that occur in the course of any implementation of the mediated content. In particular, AM-T assumes no liability for the fact that the concepts and suggestions contained therein lead to certain successes.

The client is responsible for ensuring at its own expense that the technical requirements for smooth operation are met. In particular, in the case of webinars, a stable internet connection with sufficient bandwidth (download/upload speed and volume) must be available to ensure uninterrupted transmission and communication. AM-T is not liable for technical defects of any kind.

Confidentiality:

AM-T undertakes to maintain unlimited confidentiality with regard to all information about the client that becomes known in connection with this order and is not publicly available.

The client undertakes to use all information and documents received from AM-T in connection with the order exclusively for the purpose formulated in the order.

The client is responsible and liable for the security and confidentiality of data, know-how, documentation, etc. within this project. He must ensure that the appropriate controlling is in place and instruct all internal persons and third parties involved accordingly and oblige them to maintain unlimited confidentiality.

The further use of the documents and information related to the order and the passing on to third parties by the client or involved persons is excluded without the written permission of AM-T.

Fee:

The basis for the invoicing of all services is the offer from AM-T and the regulations for ancillary costs and expenses.

All invoices from AM-T are issued exclusively in euros.

When placing an order, a deposit of 15% of the total fee costs must be paid to AM-T. In the case of inter-company training, the total amount is due before the start of the training.

The services of AM-T are invoiced immediately after provision or in monthly partial invoices. In addition, AM-T is entitled to demand payments on account.

Invoice amounts are due for payment without deduction upon receipt of the invoice. In the event of default in payment, default interest of 15% p.a. is agreed, whereby this agreement does not preclude the assertion of a higher interest loss. The contractual partner must also immediately reimburse AM-B for all expenses and costs incurred by the default. Incoming payments, irrespective of the contractual partner’s dedication, are initially credited to costs, then to interest and finally to the principal, whereby the oldest claim is initially covered in chronological terms.

Cancellation and postponement:

If a confirmed order is canceled by the client up to 6 weeks before the start of the event, 50% of the total costs will be due for payment at a later date and the full total costs will be invoiced. In addition, the client shall reimburse AM-T for all expenses already incurred and expenses incurred, as well as any damage caused. If the training is canceled by AM-T, the full refund of the deposit already paid will be made immediately; any claims for compensation beyond this refund are excluded.

If a confirmed order or participation in an event is postponed by the client up to 6 weeks before the start of the event, 15% of the total costs will be due on the condition that a new date for the implementation of or participation in an event is set and bindingly adhered to. 25% of the total costs will be due at a later date.

If a confirmed order is postponed by AM-T, a replacement date will be agreed with the client immediately. If no adequate replacement date can be agreed, the full refund of the deposit already paid will be made; any claims for compensation beyond this refund are excluded.

Collateral agreements:

Agreements deviating from these conditions are only valid if they have been confirmed in writing by AM-T and with an original signature.

Applicable law and place of jurisdiction:

For all contracts concluded between AM-T and its contractual partners, the applicability of Austrian law is agreed with the exception of the reference norms of Austrian international private law and the UNCITRAL. For all disputes arising from the delivery contracts concluded between AM-B and its contractual partners, the court with subject-matter jurisdiction for Innsbruck shall be called upon to decide as the exclusive place of jurisdiction. However, AM-T is free to sue its contractual partners before other domestic or foreign courts.