I. General provisions

§ 1 Scope of application

1. For all seminars, training courses, workshops or other services provided by ComTeam Organisationsentwicklung GmbH, our General Terms and Conditions (GTC) apply in addition to the respective contractual agreements. Upon registration or commissioning of ComTeam Organisationsentwicklung GmbH by the client, these terms and conditions are deemed to have been accepted. Deviating general terms and conditions of customers are hereby rejected. Such deviating terms and conditions shall only be recognized if this has been expressly agreed in writing.

2. The GTC consist of the General Terms and Conditions (I.) and the Special Terms and Conditions for Training and Consulting (II.). The customer can access and print out these GTC at www.comteamgroup.com/at-agb or request them in writing by sending an e-mail to at.office@comteamgroup.com.
   

§ 2 General

1. ComTeam Organisationsentwicklung GmbH’s offers are expressly not aimed at consumers within the meaning of the Austrian Consumer Protection Act (KSchG). By concluding the contract, the client confirms that he is commissioning or acquiring the services to be provided by ComTeam Organisationsentwicklung GmbH or the documents prepared by ComTeam Organisationsentwicklung GmbH for his commercial or freelance activity.

2. Ancillary agreements must be agreed in writing; individual agreements always take precedence.
3. The business relationship between ComTeam Organisationsentwicklung GmbH and the customer is subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.
4. The exclusive place of jurisdiction for all disputes arising from this contract shall be the Innsbruck Regional Court if the customer is an entrepreneur, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Austria.

§ 3 Services of ComTeam Organisationsentwicklung GmbH

1. The activity of ComTeam Organisationsentwicklung GmbH consists of independent and instruction-free consulting and training of the customer as a service.
2. No specific success is owed or guaranteed. The client shall be solely responsible for deciding on the implementation, timing, nature and scope of the measures recommended by ComTeam Organisationsentwicklung GmbH or agreed with it. This shall also apply in the event that ComTeam Organisationsentwicklung GmbH accompanies such measures in consultation with the client.
3. The specific content and scope of the service to be provided by ComTeam Organisationsentwicklung GmbH shall be based on the order placed in writing. If the need for additional or supplementary activities arises, ComTeam Organisationsentwicklung GmbH shall draw the client’s attention to this. In this case, ComTeam Organisationsentwicklung GmbH shall also extend the order by the client requesting or accepting the additional or supplementary work.
4. ComTeam Organisationsentwicklung GmbH reserves the right to replace or change the consultants or trainers used for seminars, training courses, workshops or other services. The booked service is not tied to specific personnel support. In the event of a replacement or change of personnel, this shall be carried out exclusively by comparably qualified personnel of ComTeam Organisationsentwicklung GmbH. This shall not give rise to any claims on the part of the client, in particular with regard to termination or rebooking.
5. In the event of illness or other prevention of a consultant or trainer for which ComTeam Organisationsentwicklung GmbH is not responsible, the appointments will generally be carried out by other consultants. In individual cases, individual booked appointments can be made up at a later date.
6. ComTeam Organisationsentwicklung GmbH assumes that the information and documents provided by the client and the figures submitted are complete and correct. ComTeam Organisationsentwicklung GmbH shall not be obliged to check the accuracy, completeness or correctness or to carry out its own research. This shall also apply if ComTeam Organisationsentwicklung GmbH is required to carry out plausibility checks or valuations within the scope of the order placed, which are based solely on the information, details or documents provided by the client and do not involve checking them.

§ 4 Granting of rights of use

1. The passing on or presentation of written elaborations, graphics or results of ComTeam Organisationsentwicklung GmbH to third parties shall require the prior consent of ComTeam Organisationsentwicklung GmbH and shall take place solely in the interests of and on behalf of the client. The third party shall not thereby be included in the scope of protection of the contract between the client and ComTeam Organisationsentwicklung GmbH. This shall also apply if the third party bears all or part of the remuneration for ComTeam Organisationsentwicklung GmbH’s work for the client or assumes such remuneration.
2. Insofar as ComTeam Organisationsentwicklung GmbH, upon full payment of the agreed price, transfers to the respective customer the non-transferable and non-exclusive right, unlimited in time and space, to use the documents or files received, including the texts and images, for business purposes within the customer’s company, the customer shall be entitled to save the files received on his computer and to print them out. The right of use granted does not permit the client to pass on the documents in unaltered or altered form to third parties, whether for payment or free of charge, without the consent of ComTeam Organisationsentwicklung GmbH. The right of use granted also does not permit the client to use the documents on the Internet or in other media.
3. In the event of the aforementioned business use of documents or files within his company, the customer is obliged to indicate the authorship of ComTeam Organisationsentwicklung GmbH (copyright) on all (also edited or reproduced) documents and files.

§ 5 Value added tax and payment

1. Unless otherwise stated, the agreed fees or prices are net plus VAT.
2. Unless otherwise agreed, clients’ payment obligations are due for payment immediately after invoicing. If a client defaults on its payment obligations, ComTeam Organisationsentwicklung GmbH may demand compensation and/or withdraw from the contract in accordance with the statutory provisions.
3. ComTeam Organisationsentwicklung GmbH shall always issue an invoice to the client. ComTeam Organisationsentwicklung GmbH may also send the invoice as a pdf file by e-mail.
4. ComTeam Organisationsentwicklung GmbH shall be entitled to invoice the services specified in the respective contractual relationship after completion of the activity and according to the expenses incurred, also for partial services, or to demand advance payments or payments on account.
5. Where ComTeam Organisationsentwicklung GmbH uses licensed products in the course of its work for the client, invoicing shall be carried out by ComTeam Organisationsentwicklung GmbH on behalf of the licensor.

§ 6 Offsetting and right of retention

If it is not a consumer transaction, offsetting against our claims with counterclaims of any kind whatsoever is excluded.

§ 7 Liability

1. ComTeam Organisationsentwicklung GmbH is liable for material defects and defects of title in accordance with the statutory provisions. Liability for licensed products of third parties is excluded. ComTeam Organisationsentwicklung GmbH is not liable for the consequences of content-related decisions or for claims by third parties arising from the jointly supported process.
   A client may only assert claims for damages against ComTeam Organisationsentwicklung GmbH outside of liability for material defects and defects of title in the event of intent or gross negligence. The exclusion of liability shall not apply in the event of injury to life, limb or health or in the event of a breach of material contractual obligations. Except in cases of intent, gross negligence and damage resulting from injury to life, limb or health, the liability of ComTeam Organisationsentwicklung GmbH is limited to the amount of damage typically foreseeable at the time of conclusion of the contract.
2. ComTeam Organisationsentwicklung GmbH shall not be liable if the damage incurred is also attributable to incorrect or incomplete information or documents provided by the client. The same shall apply if circumstances giving rise to liability are not notified in writing to ComTeam Organisationsentwicklung GmbH by the client within 14 calendar days of becoming aware of them.
3. Liability under the Product Liability Act and other mandatory statutory provisions shall remain unaffected.

§ 8 Data protection

1. The customer is aware and agrees that the personal data required to process the order will be stored by ComTeam Organisationsentwicklung GmbH on data carriers. The client expressly consents to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by ComTeam Organisationsentwicklung GmbH. The collection, processing and use of the client’s personal data is carried out in compliance with the Data Protection Act (DSG), the E-Commerce Act (ECG) and the General Data Protection Regulation (GDPR).
2. The customer agrees that their personal data may also be stored after the end of the contractual relationship for the purposes of further support, quality assurance and documentation. In particular, the customer agrees to the sending of photo documentation by e-mail at the end of a booked seminar or an attended event.
3. Personal information may also be used to provide information about products, marketing measures and other services with the express prior consent of the customer.
4. For more detailed information on data protection, the collection, processing and use of personal data and the associated rights of the customer to information, objection, revocation, complaint, correction, deletion or restriction, please refer to the data protection declaration, which can be accessed at www.comteamgroup.com/at-datenschutz and printed out or requested in writing by sending an e-mail to at.office@comteamgroup.com.

II. Special provisions for in-house training and consulting