Terms and Conditions

Last update: October 2nd, 2019

Consulting, In-House Trainings

Open Trainings

Events

Consulting, In-House Trainings

  1. Validity of the general terms and conditions:  For business transactions of Roland Gareis Consulting GmbH, Marokkanergasse 7, 1030 Vienna, registered in the commercial register of the commercial court of Vienna under FN 135526d, in relation with consulting and in-house trainings apply exclusively the following general terms and conditions. The contractual parties will hereafter be referred to as contracting party, including all female parties as well. The general terms and conditions shall be binding to the entire current and future business with Roland Gareis Consulting GmbH, even if no special reference is made to these conditions.
    Agreements deviating from or supplementing these general terms and conditions shall only be valid and come into effect with a required written confirmation by Roland Gareis Consulting GmbH.
  2. Offer: All offers by Roland Gareis Consulting GmbH are non-binding as long as they are not explicitly termed as binding. The contracting party’s order becomes valid once the electronic order confirmation of Roland Gareis Consulting GmbH has been received by the contracting party whereby a contract comes into effect. An obligation of service fulfillment – especially the observance of proposed dates -only arises after the conclusion of contract.
  3. Estimate of costs: A rough cost estimate with the best expertise will be made, however no assurance about the correctness can be given. If costs increase by more than 15% after the contract is awarded, the contractor will immediately inform the contracting party of this. If this involves unavoidable excess costs of up to 15%, a separate agreement is not necessary and these costs can be invoiced without further notice. Unless otherwise agreed, changes in the assignment or in additional assignments may be invoiced at appropriate prices. Estimates of costs are against payment.
  4. Prices and terms of payment: Invoices of the contractor are to be made immediately upon receipt of invoice without deductions. The applicable value added tax shall be charged separately. In the case of default, Roland Gareis Consulting GmbH is entitled to claim reminder fees and default interest in the amount of eight (8) % above the prime interest rate. In the case of default the contracting party is obliged to pay the incurred collection expenses of the collecting agencies and the costs of lawyers. For assignments which are executed outside of Vienna, additional travel and accommodation costs will be charged, whereby transportation and travelling charges (as long as they do not take place with the car), accommodation costs, as well as overnight stay costs are to be replaced by the contracting party unless expressly agreed otherwise. Transportation and travelling expenses for journeys by car will be charged at 0.42 EUR per kilometer, whereby for every additional passenger 0.05 EUR will be offset.
  5. Terms of cancellation: In the case of a cancellation of an order by the contracting party he is obliged to pay a cancellation charge. In case of cancellation the latest four weeks before that start of the assignment this charge accounts for 25% of the order amount; 50% of the order amount in the case of cancellation two weeks in advance; and 75% of the order amount if the start of the assignment is less than two weeks away or afterwards.
  6. Copyright: The training material provided is the intellectual property of Roland Gareis Consulting GmbH and protected by copyright. Every participant will be provided with the training material as hardcopy. The participants are authorized to apply and use the taught methods and concepts. However, the participants are not entitled to reproduce this material in any organized form or transfer it to third parties, whether profit-making or not. Further, it is not permitted to duplicate or transfer the material in any different format (e.g. digitalization). Results shall not be allowed to be used for other purposes as agreed in the working contract.
  7. Liability: Roland Gareis Consulting GmbH shall only be liable for compensation the case of gross negligence or intent on the part of employee. In the case of minor negligence on Roland Gareis Consulting GmbH part, our liability for proven damage only covers personal injury. Any liability expires within six months from the knowledge of the damage by the originator of the damage, and in any case within three years after the time of damage.
  8. Data protection: Roland Gareis Consulting GmbH treats the data provided by the contracting party in the strictest confidentiality. Personal or business information, e.g. Name, E-mail address or postal address will be exclusively used for the individual support of the contracting party, the processing of the concluded contracts, billing purposes, communication of orders, consignation of product information and for (technical) administration purposes. Upon contract signing the contracting party explicitly accepts the utilization and processing of its data to this extent and agrees to be notified about future services. The contracting party may revoke their consent with regard to their information and services of Roland Gareis Consulting GmbH any time.
  9. References: The client expressly grants Roland Gareis Consulting GmbH the right to name him as reference customer. The Roland Gareis Consulting GmbH is also entitled to use the company name and logo of the client on the website of Roland Gareis Consulting GmbH and in customer offers. The customer is entitled without giving reasons at any time to prohibit Roland Gareis Consulting GmbH this use.
  10. Formal requirement: Alterations and additions to this contract must be made in writing.
  11. Offsetting: Any offset with counterclaims against our claims, irrespective of what type, is excluded.
  12. Subcontractor and Qualification: The use of subcontractors is always allowed. The Roland Gareis Consulting GmbH guarantees to exclusively use employees for its events, which possess the necessary qualifications. However, the contracting party has no right of any specific further qualifications or trainings of the deployed employees of the Roland Gareis Consulting GmbH.
  13. Place of Jurisdiction and governing law: All disputes arising from the contract including litigations over its existence or nonexistence thereof shall fall within the exclusive jurisdiction of the competent court at the headquarters of Roland Gareis Consulting GmbH. This contract shall be governed exclusively by the laws of the Republic of Austria. Otherwise, unless in a particular case specifically differently agreed upon than in these General terms and conditions, apply the General Terms and Conditions for consultancy in Austria, issued in 2015.
  14. Severability Clause: In the event that one or all terms of this Agreement is or becomes invalid or impracticable, the validity and legal of the remaining other provisions is not affected. The invalid or impracticable provision shall be replaced by a valid or practicable provision through which the intended purpose and content of the invalid and impracticable provision which comes as close as possible.

Open Trainings

  1. Validity of the general terms and conditions:  For business transactions of Roland Gareis Consulting GmbH, Marokkanergasse 7, 1030 Vienna, registered in the commercial register of the commercial court of Vienna under FN 135526d, in relation with open trainings apply exclusively the following general terms and conditions. The contractual parties will hereafter be referred to as participant, including male and female participants. The general terms and conditions shall be binding to the entire current and future business transactions with Roland Gareis Consulting GmbH, even if no special reference is made to these conditions.
    Agreements deviating from or supplementing these general terms and conditions shall only be valid and come into effect with a required written confirmation by Roland Gareis Consulting GmbH.
  2. Registration: The registration for trainings at Roland Gareis Consulting GmbH may take place via e-mail or online registration. After the receipt of the registration, a confirmation will be sent out to the participant via e-mail. With the receipt of the registration confirmation in the participants electronic inbox the registration becomes binding, irrespective of the time and date of the receipt of the participation fee, therefore the contract between the participant and Roland Gareis Consulting GmbH takes immediate effect. About one week in advance of the training’s start all participants receive an additional e-mail concerning the most important information.
    With the binding registration for trainings of Roland Gareis Consulting GmbH the participant agrees to appear on the participant list of the training (first name, surname, company). The participant list will be issued exclusively to the participants of the respective training and will not be passed on to third parties. If the participant does not want to appear on this list, she/he must notify Roland Gareis Consulting GmbH at least 14 days before the beginning of the training.
  3. Participation fees: The participation fees include the training material, snacks as well as lunch. Overnight stays or other costs including parking- and garage fees are not included in the participation fee. All participation fees are per person, excl. VAT. The invoice will be sent two weeks before the start of the training at the latest and the payment shall be due within the next 14 days without deductions and free of expense. In the case of defaulting on payment Roland Gareis Consulting GmbH is entitled to collect a reminder charge or default interest at 8% above the base rate on any overdue sums. In the case of defaulting on payment the participant is obligated to reimburse Roland Gareis Consulting GmbH for any dunning and collection charges (including the costs of any collection agency and/or any attorney-at-law) that may have been incurred in collecting the costs.
  4. Modification or cancelations of trainings: In exceptional cases, Roland Gareis Consulting GmbH reserves the right to make necessary changes regarding trainer, date or location of the training. Furthermore, we reserve the right to change or cancel a particular training up to three weeks in advance of the training, especially when the required minimum number (training dependant) of participants has not been reached. The participants will be informed of any modifications or cancelations either via telephone or via e-mail. At the most, participation fees which have already been paid will be immediately refunded to the participant or rebooked for another date; any further claims shall be excluded.
  5. Confirmation of participation: Every participant receives after a successful completion of the training (participation of at least 75% of the booked training) a confirmation of participation.
  6. Terms of cancellation: A one-time rebooking with a charge of EUR 100,-  (excl. VAT) is possible. Further rebookings are explicitly excluded. In the case of a cancellation at the latest three weeks in advance of the training, Roland Gareis Consulting GmbH reserves the right to charge cancellation fees of 25% of the participation fee; in the case of a cancellation two weeks in advance a cancellation fee of 50% of the participation fee will be charged. In the event of non-participation without de-registration or within the last two weeks before the training the participant is obligated to pay the whole participation fee. If the registration is cancelled but a replacement participant is named, who was not registered before to the training, the cancellation fee does not apply.
  7. Copyright: The provided training material is intellectual property of Roland Gareis Consulting GmbH and protected by copyright. Every participant will be provided with the training material as hardcopy. The participants are authorized to apply and use the taught methods and concepts. However, the participants are not entitled to reproduce this material in any organized form or transfer it to third parties, whether profit-making or not. Further, it is not permitted to duplicate or convert the material in any different format (eg. digitalization).
  8. Liability: Roland Gareis Consulting GmbH cannot accept any liability of damage, destruction or loss for items or valuables brought by the participants, unless such damage, destruction or loss has been caused by gross negligence or intent on the part of Roland Gareis Consulting GmbH, for which the claimant must provide proof. For the damage, destruction or loss of items during the break Roland Gareis Consulting GmbH or its employees cannot accept any liability. In general, Roland Gareis Consulting GmbH shall only be liable for compensation in the case of gross negligence or intent on the part of an employee. In the case of minor negligence on Roland Gareis Consulting GmbH’s part, our liability for proven damage only covers personal injury. Any liability expires within six months following the notice of the damage and the party causing it or in any case within three years after the time of damage.
  9. Data protection: Roland Gareis Consulting GmbH treats the data provided by the participants in the strictest confidentiality. Personal or business information, e.g. name, E-mail address and postal address will be exclusively used for the individual support of the participants, the processing of the concluded contracts, billing purposes, communication of orders, consignation of product information and for (technical) administration purposes. Upon contract signing the participant explicitly accepts the utilization and processing of its data to this extent and agrees to be notified about future services. The participants may revoke their consent with regard to their information and services of Roland Gareis Consulting GmbH any time.
  10. Formal requirement: Alterations and additions to this contract must be made in writing.
  11. Offsetting: Any offset with counterclaims against our claims, irrespective of what type, is excluded.
  12. Subcontractor and qualification of the trainer: The use of subcontractors is always allowed. The Roland Gareis Consulting GmbH guarantees to exclusively use Trainers for its events, which possess the necessary qualifications. However, participants have no right of any specific further qualifications or trainings of their respective trainer.
  13. Place of jurisdiction and governing law: All disputes arising from the contract including litigations over its existence or nonexistence thereof shall fall within the exclusive jurisdiction of the competent court at the headquarters of Roland Gareis Consulting GmbH. This contract shall be governed exclusively by the laws of the Republic of Austria.
  14. Severability Clause: In the event that one or all terms of this agreement is or becomes invalid or impracticable, the validity and legal of the remaining other provisions is not affected. The invalid or impracticable provision shall be replaced by a valid or practicable provision through which the intended purpose and content of the invalid and impracticable provision comes as close as possible.

Events

  1. Validity of the general terms and conditions:  For business transactions of Roland Gareis Consulting GmbH, Marokkanergasse 7, 1030 Vienna, registered in the commercial register of the commercial court of Vienna under FN 135526d, in relation with open trainings apply exclusively the following general terms and conditions. The contractual parties will hereafter be referred to as participant, including all female parties as well. The general terms and conditions shall be binding to the entire current and future business with Roland Gareis Consulting GmbH, even if no special reference is made to these conditions.
    Agreements deviating from or supplementing these general terms and conditions shall only be valid and come into effect with a required written confirmation by Roland Gareis Consulting GmbH.
  2. Registration: The registration for events of Roland Gareis Consulting GmbH may take place only via e-mail or online registration. After the receipt of registration a confirmation will be send to the participant via e-mail.  With the receipt of the registration confirmation in the participants electronic inbox the registration becomes binding, irrespective of the time and date of the receipt of the participation fee, therefore the contract between the participant and Roland Gareis Consulting GmbH takes immediate effect. About one week in advance of the event’s start all participants receive an additional e-mail concerning the most important information.
  3. Participation fees: The participation fees include the event material, snacks as well as lunch. Overnight stays or other costs including parking- and garage fees are not included in the participation fee. All participation fees are per person, excl. VAT. The invoice will be sent latest 2 weeks before the event and the payment shall be due within the next 14 days without deductions and free of expense. In the case of defaulting on payment Roland Gareis Consulting GmbH is entitled to collect a reminder charge or default interest at 8% above the base rate on any overdue sums. In the case of defaulting on payment the participant is obliged to reimburse Roland Gareis Consulting GmbH for any dunning and collection charges (including the costs of any collection agency and/or any attorney-at-law) that may have been incurred in collecting the costs.
    With the binding registration to events of the Roland Gareis Consulting GmbH the participant agrees that his name (surname and given name) and his company name will appear on the participants list of the event. The participants list will exclusively be handed out to other participants of the event, e.g. the HAPPYPROJECTS conference, never to any third parties. If the participant does not want to be included in the participants list, he/she has to inform Roland Gareis Consulting GmbH at the latest 14 days prior of the start of the event.
  4. Modification or cancelations of events: In exceptional cases, Roland Gareis Consulting GmbH reserves the right to make necessary changes regarding either speakers, date or location of the event. Furthermore, we reserve the right to change or cancel the particular event up to three weeks before the beginning of the event, especially when the required minimum number of participants has not been reached. The participants will be informed of any modifications or cancelations either via telephone or via e-mail. Participation fees which have already been paid will be immediately refunded to the participant or rebooked for another event; any further claims of the participants shall be excluded.
  5. Confirmation of participation: Every participant receives a confirmation of participation after the event.
  6. Terms of cancellation: The Roland Gareis Consulting GmbH reserves the right to frame the terms of cancellation individually for the respective event. Every participant is obligated to inform herself independently about the conditions and prices and therefore declares her compliance with them in the course of the registration. In the case of non-participation of the event, 100% of the participation fee will be retained by the organizer. If the registration is cancelled but a replacement participant is named, who was not registered before to the event, the cancellation fee does not apply.
  7. Copyright:  The  material provided (e.g. ppt slides) is intellectual property of Roland Gareis Consulting GmbH and protected by copyright. The participants are authorized to apply and use the taught methods and concepts. However, the participants are not entitled to reproduce this material in any organized form or transfer it to third parties, whether profit-making or not. Further, it is not permitted to duplicate or transfer the material in any different format (e.g. digitalization).
  8. Liability: Roland Gareis Consulting GmbH cannot accept any liability of damage, destruction or loss for items or valuables brought by the participants, unless such damage, destruction or loss has been caused by gross negligence or intent on the part of Roland Gareis Consulting GmbH, for which the claimant must provide proof. For the damage, destruction or loss of items during the break Roland Gareis Consulting GmbH or its employees cannot accept any liability. In general, Roland Gareis Consulting GmbH shall only be liable for compensation the case of gross negligence or intent on the part of employee. In the case of minor negligence on Roland Gareis Consulting GmbH part, our liability for proven damage only covers personal injury. Any liability expires within six months from the knowledge of the damage and the originator of the damage, and in any case within three years after the time of damage.
  9. Photography/Film: The events of Roland Gareis Consulting GmbH will be filmed and/or photographed. These shots and recordings can be used by Roland Gareis Consulting GmbH in different media (e.g. print, online, etc.) and in publications (e.g. print, online, etc.). With the registration to the event the participant agrees that shots or recordings of him/her may be distributed free of charge or shown to the public.
  10. Data protection: Roland Gareis Consulting GmbH treats the data provided by the participants in the strictest confidentiality. Personal or business information, e.g. Name, E-mail address or postal address will be exclusively used for the individual support of the participants, the processing of the concluded contracts, billing purposes, communication of orders, consignation of product information and for (technical) administration purposes. Upon contract signing the participant explicitly accepts the utilization and processing of its data to this extent and agrees to be notified about future services. The participants may revoke their consent with regard to their information and services of Roland Gareis Consulting GmbH any time.
  11. Formal requirement: Alterations and additions to this contract must be made in writing.
  12. Offsetting: Any offset with counterclaims against our claims, irrespective of what type, is excluded.
  13. Subcontractor and qualification of the speakers: The use of subcontractors is always allowed. Roland Gareis Consulting GmbH guarantees to invite speakers for its events, which possess the necessary qualifications. However, participants have no right of any specific further qualifications or trainings of the respective speaker.
  14. Place of jurisdiction and governing law: All disputes arising from the contract including litigations over its existence or nonexistence thereof shall fall within the exclusive jurisdiction of the competent court at the headquarters of Roland Gareis Consulting GmbH. This contract shall be governed exclusively by the laws of the Republic of Austria.
  15. Severability clause: In the event that one or all terms of this agreement is or becomes invalid or impracticable, the validity and legal of the remaining other provisions is not affected. The invalid or impracticable provision shall be replaced by a valid or practicable provision through which the intended purpose and content of the invalid and impracticable provision which comes as close as possible.
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