LEGAL
General terms and conditions
FPC Solutions – Fabian Pausch
Oberweißburg 138, 5582 St.Michael, Salzburg, Austria
HoGa Recruiting – Johannes Prader
Berchtesgadner Street 35a, 5020 Salzburg, Austria
E-Mail: office@vantaleones.com, Phone: +43 (0) 664 2211567
1. scope of application
The following general terms and conditions apply to all legal transactions of the service company Vanta Leones – hereinafter referred to as consultant – with its contractual partner – hereinafter referred to as client. As far as individual contractual regulations exist, which deviate from the regulations of these general terms and conditions or contradict them, the individual contractual regulations take precedence.
2 Subject matter of the contract
2.1 The contracting parties agree on the cooperation according to the specific, individual contractual agreement. An employment contract is not intended by the parties and is not established.
2.2 The Consultant shall be responsible for social security contributions or tax matters and shall indemnify the Client against any obligations.
2.3 The Consultant is free to work for other clients as well.
3 Conclusion of the contract
3.1 The contractual relationship for the services shall come into existence when the client places a customer order (offer) and the consultant accepts it. The Client shall be bound by the placement of the Client order (offer) for two weeks.
3.2 The subject of the contract or the exact task description is described in the written order.
4 Duration and termination of the contract
4.1 The contract begins and ends on the individually agreed date.
4.2 The contract may be terminated by ordinary notice. In this regard, a notice period of 4 weeks to the 15th of a month or to the end of the month is agreed.
4.3 Termination without notice for good cause is possible. An important reason exists, for example, if
the Customer is in arrears with two due, consecutive payments and
fails to make such payments after expiration of a reasonable grace period
the client suffers a financial collapse after conclusion of the contract (insolvency, insolvency), unless an application for the opening of insolvency proceedings has already been filed.
5 Scope of Services, Duties of the Contracting Parties
5.1 The services to be provided by the Consultant shall generally comprise the tasks listed in detail, in accordance with the order placed by the Client.
5.2 The Consultant shall periodically inform the Client about the results of its activities. The contracting parties may agree in the contract on a schedule for the provision of services and a scheduled end date for the completion of services.
5.3 If the Consultant is actually unable to perform an assignment as owed under the contract, it shall notify the Client thereof without delay.
5.4 The Consultant shall provide the equipment and personnel required for the performance of services if the Client does not have such equipment or premises, unless otherwise agreed in the individual contract.
The Parties shall endeavor to support the other Party in the performance of the respective obligation to the best of their knowledge and belief by providing information, information or experience in order to ensure a smooth and efficient workflow for both Parties.
For this purpose, the client shall provide the consultant with the necessary materials, which may be requested separately. This includes in particular pictures, image videos, interviews and other requested documents. The Consultant shall assist in the processing and procurement of such materials. The Client expressly consents to the use of such materials for itself and its employees and, if necessary, obtains separate consents from its employees.
5.5 Either party may request changes to the agreed scope of services from the other party in writing. Upon receipt of a change request, the Recipient shall examine whether and under what conditions the change is feasible and shall notify the requestor of its approval or rejection in text form without delay and, if necessary, provide reasons. If a change request by the Recipient requires extensive review, the review effort for this may be charged by the Consultant upon prior notice if the Recipient nevertheless insists on review of the change request.
If necessary, the contractual adjustments to the agreed conditions and services required for a review and/or an amendment shall be set out in writing in an amendment agreement and shall come into effect in accordance with these General Terms and Conditions.
6. rights of use and copyrights
6.1 From the time of conclusion of the contract, the Client shall receive a right of use with regard to the applications contained in the customer area of the “Consultants”. This right of use shall serve to implement the contract concluded individually with the Client and shall be valid for 6 months beyond the agreed term of the contract.
6.2 All rights to the software used, to marks, titles, trademarks and copyrights and other commercial rights of the Consultant shall remain with the Consultant without restriction.
6.3 All work results, services and information produced and made available by the Consultant for the Client shall be subject to the Consultant’s copyright.
6.4 The Client shall not be granted any right of use with regard to advertising texts / advertisements published by the Consultant on websites.
6.5 The Client guarantees that all information and content provided to the Consultant is free of third-party rights and legally permissible. The Consultant shall not be obliged to check the content transmitted by the Client, including the image and text elements and other details, for their correctness in terms of content or legal admissibility and/or the possible infringement of third-party rights. In this respect, the Client shall fully indemnify us from any claims of third parties due to the infringement of intellectual property.
6.6 The Client shall bear sole responsibility under press, competition and other law for the job advertisement(s), job advertisement data including the image and text elements and other information transmitted to the Consultant. By entering into the contract, the Client confirms that it holds all the necessary rights of use for all the content it transmits to the Consultant and which is intended for publication, or that it is the owner of copyrights, ancillary copyrights and other rights, or that it can freely dispose of these.
6.7 The violation of our trade and business secrets as well as our copyrights will always be prosecuted under civil law and reported under criminal law to the competent investigating authority.
7. reference naming
7.1 The Client grants the Consultant the right, free of charge and unlimited in terms of time, space and content, to describe the cooperation as well as the services rendered by the Consultant – within the scope of your commercial activity – and to use them in connection with a reference client naming. This includes, among other things, the use of logos of the client, the use of photos, videos, graphics and other material created in the context of the cooperation, as well as the publication of results for journalistic illustration and advertising purposes in both print and electronic media.
7.2 This consent can be revoked for good cause, legitimate interests of the consultant will be taken into account.
8. prices and terms of payment
8.1 Services shall be due and invoiced at the fixed price specified in the individual contract on a monthly basis after completion or if remuneration is agreed on a time and material basis, unless a different invoicing method is agreed in the contract.
8.2 Stated estimated prices for services on a time and material basis, in particular in cost estimates, are non-binding. The quantity estimates on which an estimate is based are based on an evaluation of the scope of services carried out to the best of our knowledge.
8.3 Sales tax shall be invoiced at the sales tax rate applicable at the time of performance.
8.4 Invoices shall be payable upon receipt without deduction. If the invoice amount is not received within 14 days of the invoice date, the Consultant shall be entitled to claim default interest. The interest on arrears shall be 9% p.a. above the prime rate applicable at the time of calculation.
9 Liability
9.1 The Consultant shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees shall be independent of fault. For slight negligence, the Consultant shall be liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health, or for breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is liability for injury to life, body or health. The Consultant shall be liable to the same extent for the fault of vicarious agents and representatives.
9.2 The provision of the preceding paragraph (7.1) shall extend to damages in addition to performance, damages in lieu of performance and claims for reimbursement of expenses incurred in vain, irrespective of the legal grounds, including liability for defects, delay or impossibility.
10 Place of Jurisdiction
The business relationship between the parties shall be governed exclusively by Austrian law.
If the customer does not have a general place of jurisdiction in Austria or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.
