General Terms and Conditions

bit management Beratung GmbH, Kärntner Straße 311, 8054 Graz, FN 247859 z (LZS Graz), ATU58011225

General Terms and Conditions of bit management Beratung GmbH
for consulting services, training measures and services.

Scope

bit management Beratung GmbH (hereinafter referred to as “bit”) offers its products and services exclusively on the basis of the following terms and conditions (GTC). Deviations are only effective if they are expressly confirmed in writing.

Scope of services, copyrights

bit performs consulting services, training measures and services according to the description on the homepage/on the Internet. For the performance of individual consulting services, training measures and services, the descriptions of the order confirmation apply with regard to the performance. We reserve the right to make any minor deviations in content that may become necessary, in particular adaptations to the respective state of the art. The selection of the consulting services, training measures and services is the responsibility of the customer. Documentation, training materials and software used within the scope of the consultancy services, training measures and services are protected by copyright and may not be reproduced, reprinted, translated or passed on to third parties, not even in part, unless otherwise agreed in writing.

In the absence of a special agreement, a contract shall be concluded upon written confirmation of the order by bit. If the customer is a consumer within the meaning of the KSchG and a distance contract, the customer shall have the following right of revocation:

Right of withdrawal

The customer may revoke the contractual declaration in writing (e.g. letter, fax, e-mail) within seven working days without stating reasons. The period begins on the day following receipt of this instruction and expires seven working days (whereby Saturdays do not count as working days) later. If the last day of the period falls on a Saturday, Sunday or public holiday, the revocation period ends on the following working day. In order to comply with the revocation period, it is sufficient to send the revocation in time. The revocation is to be sent to: bit management Beratung GmbH, Kärntner Straße 311, 8054 Graz, FAX: +43 316 25 36 17-50, office@bitmanagement.at

Consequences of revocation

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the customer is unable to return the received services in whole or in part or only in a deteriorated condition, the customer must compensate bit for the loss in value.

The customer must fulfil obligations to reimburse payments within 30 days after sending his notice of revocation. The right of withdrawal expires prematurely if bit has started the execution of the service with the explicit consent of the customer before the end of the withdrawal period or if the customer has initiated this himself (e.g. by download etc.).

Cancellation and withdrawal from the contract

If the minimum number of participants specified by bit is not reached for each consulting service, training measure or service, bit may propose an alternative date or withdraw from the contract. Changes to the date and/or the venue of the event shall only be made in case of compelling necessity.

bit will inform the client of such changes without delay. If the customer does not like the new date, any payment already made will be refunded. The customer shall not be entitled to any further claims in the event of a cancellation of consulting services, training measures and services for which bit is not responsible.

After expiry of the period of the right of withdrawal granted to the customer – to be exercised without stating reasons – the customer may withdraw from the contract until the start of the consultancy services, training measures and services under the following conditions. The withdrawal must be demonstrably declared in writing to bit management Beratung GmbH, Kärntner Straße 311, 8054 Graz, Fax: +43 316 25 36 17-50, office@bitmangement.at. Cancellation on the part of the client is free of charge if it is made no later than 21 calendar days before the start of the consultancy service, training measure or service. If the withdrawal is made no later than 14 calendar days before the start of the consultancy service, training measure or service, the client shall pay 50% of the agreed remuneration. If the written notice of withdrawal is received later, the client shall pay the agreed remuneration in full. In any case, the customer shall be obliged to pay for services or deliveries already commenced (e.g. licences already ordered). The date of receipt of the letter of withdrawal shall be decisive for compliance with the deadline. Substitute participants will be accepted.

Remuneration, terms of payment

Unless otherwise agreed in the order confirmation from bit to the customer, the target prices stated in the current programmes/on the Internet shall apply, plus value added tax at the statutory rate. The prices for consulting services, training measures or services are due for payment without deduction upon invoicing.

Security

The client shall comply with the security regulations in force at the venue. bit shall not be liable for any loss or damage to items brought along.

Liability

Any further claims of the client other than those expressly mentioned in this agreement, irrespective of the legal grounds, are excluded, unless these are based on intentional or grossly negligent conduct of bit or its vicarious agents or on culpable injury to life, body or health. In the event of cancellation of an event for the above-mentioned reasons, force majeure or other unforeseeable events (e.g. sudden illness of the consultant or trainer), there is no entitlement to the performance of the consultancy service, training measure or service. bit cannot be obliged to compensate travel/accommodation costs or loss of work in such cases. No liability is accepted for indirect damage, in particular lost profits or claims by third parties. In particular, bit shall not be liable for advice given or knowledge gained.

Applicable law, place of jurisdiction

The contract is subject to Austrian law. If the customer is an entrepreneur within the meaning of the Austrian Commercial Code (UGB), the place of jurisdiction is Graz. bit expressly points out that customer data is stored and processed for the purpose of fulfilling the order and maintaining ongoing customer relations. Third parties involved receive this data exclusively as far as it is necessary for the fulfilment of the order. The provisions of the Data Protection Act are observed.

General Terms and Conditions