Terms and Conditions (AGB)
§ 1 Application
1.1 The following terms and conditions apply to all offers, services and agreements of PAAC GmbH, Kaiserstrasse 8, Top 15, 1070 Vienna with its (commercial) customers.
1.2 General terms and conditions of the customer will not be accepted unless PAAC GmbH expressly agrees to their validity. These terms and conditions also apply if PAAC GmbH aware of conflicting or of these terms and conditions deviating conditions of the customer business without reservation.
§ 2 provision of services
The content and scope of the individual services are contained in the bid or contract documents.
§ 3 Legal analysis
1.3 PAAC GmbH is independent of Section 5 is not for the legal admissibility of PAAC-promotion. Appropriate examinations are not owed by PAAC GmbH.
3.2 The implementation of the concept by which neither the client nor any promotional materials are checked in the customer included statements about products and services provided by the customer or third parties.
3.3 If PAAC GmbH advertising slogans, logos or other advertising suggests, is neither checked nor guarantees that this is a legal protection or accessible freely available or permitted.
§ 4 offer, pre-contract and contract
4.1 Offers of PAAC GmbH are subject to change. The PAAC GmbH reserves to its modification for approval by the customer. Also offers are subject to these Terms and Conditions.
4.2 The timely acceptance of the offer by the customer is concluded between the PAAC GmbH is a preliminary agreement under which defines PAAC GmbH and its partner the specific risk management.
4.3 Pending the outcome of the main contract, the PAAC GmbH is entitled to rescind the preliminary agreement, if the customer a significant deterioration occurs or when the PAAC GmbH from a bad financial situation subsequently becomes aware, is the claim by PAAC GmbH jeopardized or PAAC GmbH due to a lack of offer appropriate protection of the reinsurer of the transaction is not possible or restricted, or the regulation of risk management under the conditions of the preliminary agreement is not possible.
4.4 Are Come despite acceptance of the offer by the customer due to the fault of the customer at the end of the risk management regulating the main contract between the PAAC GmbH and the customer, so PAAC terminate GmbH resulting from acceptance of the offer letter of intent to temporally appropriate threat statement without notice. § 7.2 shall apply accordingly.
§ 5 Liability
5.1 The PAAC GmbH is fully liable for intent and gross negligence, the exclusion under section 3 shall remain unaffected.
5.2 For simple negligence, the PAAC GmbH - except in the event of loss of life, limb or health - only if essential contractual obligations (cardinal obligations) are violated. The liability of the PAAC GmbH in these cases is limited to typical and foreseeable damages.
5.3 Liability for indirect and unforeseeable damage, lost profits, lost savings and financial losses due to claims of third parties is excluded in cases of simple negligence.
5.4 The liability restrictions or exclusions do not apply to a statutory strict liability, particularly under the Product Liability Act or guarantee.
5.5 The limitations of liability and exclusions apply to the personal liability of employees, employees, representatives, organs and agents of the PAAC Ltd.
§ 6 fee and payment
6.1 The directed by the customer to pay fees in accordance with the written offer or contract the main alternative to the current price list for the appropriate service. All prices are exclusive of taxes (eg VAT) at the applicable rate. All applicable duties, taxes and charges are payable by the customer. The applicator / customer must make all messages themselves. The PAAC GmbH assumes no liability.
6.2 The invoices are from receipt of the invoice due within 14 days to pay, unless the individual otherwise specified. In any case, the invoice amount is offset from the start of the PAAC-Promotion GmbH. Be levied against the bill by the due date of any written and reasoned objections, the bill shall be considered approved.
6.3 If the customer is under the statutory rules in default of payment, PAAC GmbH can charge interest at 8% pa calling on the prime rate. In this case the PAAC GmbH is entitled to defer the further execution of the current transaction until full payment of outstanding debts. The proof of higher damages is reserved. § 7.2 is not affected.
6.4 The timely payment of the fee requirement for any type of risk coverage by the PAAC GmbH and its partner and each payment the customer's claim against the PAAC GmbH and its partner.
§ 7 Termination
7.1 In case of delayed payment, the PAAC GmbH reserves the right to terminate after the first reminder to the customer contractual relationship with immediate effect.
7.2 In this case, the PAAC GmbH, a claim for compensation for the resulting damage equal to 25% of the contractual fee. The customer reserves the right to prove that no or only minor damage has occurred.
7.3 The right of extraordinary termination for good cause remains unaffected.
7.4 Any termination must be in writing.
§ 8 Confidentiality and Privacy
8.1 The parties agree to all of them in connection with their co-operation made accessible to information that is designated as confidential or under other circumstances as a business or trade secrets identified are kept secret even over the term of the contract and, unless the purpose of the contract offered, neither record to pass on, nor to utilize different.
8.2 In Germany, those customer in accordance with § 33 BDSG pointed out that the PAAC GmbH receives user data in machine-readable form and processed in the framework of the purpose of the contract.
§ 9 Final Provisions
9.1 If any provision of the Terms is invalid, the validity of the remaining provisions shall not be affected. The parties will replace in this case, the invalid provision by a valid provision, the commercial purpose of the invalid provision as closely as possible.
9.2 Changes or additions to these General Terms and Conditions, all notices, agreements, amendments and other information and agreements must be in writing. This applies in particular to any promises of PAAC GmbH employees, representatives or other agents. Verbal or telephone made side agreements, reservations, changes or additions are valid only if confirmed by the PAAC GmbH in writing. This also applies for the waiver of the requirement of written form.
9.3 A set-off by the customer is permitted only with uncontested or legally established claims.
9.4 It shall be the law of the Republic of Austria excluding the UN sales law and the rulings of the Austrian private international law apply.
9.5 Place of jurisdiction for all disputes shall be Vienna. PAAC GmbH can complain to customers but also to any other court of competent jurisdiction.
dated as of: 21.10.2014
All rights reserved. Reproduction - including excerpts - is permitted without the prior written consent of the PAAC GmbH in all forms and will be prosecuted.