Event and Security Consulting VIP Services Equipment

General Terms and Conditions

1. General Execution of Services

1. The contractor is obligated to perform the services in accordance with the the relevant specific contract principles of duty of care in consideration with the interests of the client. In particular, he is committed to conscientious project preparation and consulting with the client as well as the careful selection of employees, suppliers and subcontractors.

2. Implementing the contracts takes place in the appropriate clothing for the projects and by identification of those employed.

2. Services - Scope of Services

1. The scope of contractual services and the fees arise from the respective offer by the contractor or the job accepted by the client. Additional agreements or amendments that change the scope of the contractual service or price require the explicit agreement of the contractual parties and must be immediately recorded in writing. Agreements that are made with employees or agents of the contractor shall only be effective if they are expressly confirmed by the contractor. Differing, conflicting or additional terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed in writing.

2. The contract is concluded by acceptance of the job by the contractor. The acceptance must be made in writing (e.g. by job confirmation), unless the contractor acknowledges beyond all doubt (e.g. by working due to the job) that he accepts the order.

3. In the case of jobs which are commissioned within 72 hours before the services are to begin, a surcharge of 60% will be charged in the event the job is accepted. In the case of jobs which are commissioned within 24 hours before the services are to begin, a surcharge of 120% will be charged in the event the job is accepted.

4. A minimum operating time of 5 hours will be charged per person per day of operation.

5. In important and justified cases, the contractor is entitled to carry out partial services in consultation with the client (based on the form and extent of service provision) to deviate from the description of services; this should be recorded immediately and by mutual agreement in writing.

6. The client will provide the contractor immediately with all information and documents which are necessary for the provision of the service. The client bears the expense as well as all the disadvantages, of whatever nature, which arise from the fact that work must be repeated or delayed due to incorrect, incomplete or subsequently amended details by the contractor.

7. If the contractor is to fulfill services on behalf and at the expense of the client this is to be explicitly recorded in writing.

8. The contractor is entitled to commission subcontractors of his own choice.

3. Fees and Terms of Payment

1. The contractor‘s invoices shall be net cash without any deduction and excluding any offsetting from the date of invoice and unless otherwise agreed, to be paid within 2 weeks from receipt of invoice. In the event of late payment, interest at the rate of 8% above the respective stated base rates applies.

2. The client is obligated to pay all costs necessary for the collection of the claimed costs and expenses, such as particular collection fees or other fees for appropriate prosecution.

3. Special payment arrangements are to be regulated in the contract.

4. If the client invites the contractor to prepare a proposal (presentation) and the contract is not awarded to that contractor or the event is not held for any reason, the contractor shall be entitled to charge a reasonable fee for his services.

5. All delivered goods and services (e.g., suggestions, ideas, drawings, cost estimates, preliminary designs and concepts) by the contractor as well as individual parts of it remain the property of the contractor and may not be reproduced or disclosed to third parties by the contractor without consent, and may at any time, in particular at the termination of the contract, be reclaimed. At time of payment the client only acquires right of use for the agreed purpose. The contractor may, subject to contrary agreement, only use the services himself, only in Austria, and only for the duration of the contract and within the agreed scope of use. For the use of services, concepts and ideas, for which the contractor has developed templates, the consent of the contractor is necessary after the expiry of the contract, regardless of whether that service is protected by copyright.

4. Cancelation Conditions

1. Up to 14 days before the commencement of the service contract, the client may cancel the contract free of charge (cancellation), provided that the contractor has not provided the contract or a separate agreement services in preparation for the execution of the job for the purposes of the offer. These services are to be paid in full by the contractor in each case in accordance with the terms of the contract. In the event of a cancellation between 14 days to 2 days prior to the day of the services to be performed (or commencement of performance) the client is obligated to pay 30% of the agreed fee. In the event of a cancellation from 2 days before the day of the services to be performed (or commencement of performance), 90% of the agreed fee. Any right of moderation in this respect is excluded.

5. Complaints, early termination of contract

1. The contractor is to be notified immediately of complaints of any kind relating to the execution of the services, or other irregularities, so that the problem can quickly be solved. If notifications are not timely, rights from such complaints cannot be claimed.

2. Premature termination of a contract is possible if the contractual partners record breaches of contract in writing.

3. However, early termination of the contract obligates the client to pay the already accrued services and any expenses incurred to the contractor.

4. The contractor especially has the right to early termination if agreed partial payments by the client are not paid on the due date. In this case, the contractor receives the full agreed fee less the saved expenses due to the early termination of the contract. Any right of moderation in this respect is excluded.

6. Subsidiary Agreements / Privacy Statement

1. The contractual parties agree to strict confidentiality about knowledge arising from business dealings to third parties, even after the termination of the contractual relationship.

2. If one or more of the agreements made in this contract becomes legally ineffective, the validity of the remaining provisions shall remain unaffected.

3. If the contract is concluded, the contractor shall process and save the (personal) data made available to him by the client and the contractor shall use this data for the duration of services, i.e. for order processing and billing.

4. The client may not commission or employ the contractor‘s employees or his subcontractors during or in the period of 12 months after termination of the contract - even temporarily. In the event of a breach of this provision, the client shall be subject to further claims for damages as agreed - a penalty of € 7,500.

7. Liability

1. The contractor shall perform the work assigned by taking into consideration the generally recognised principles of law and shall inform the client in time of recognisable risks.

2. The contractor is only liable under the statutory provisions for damages if intent or gross negligence can be proven. Liability for slight negligence is excluded. The injured party must show evidence of gross negligence.

8. Jurisdiction

1. The contractual parties agree on the location of the contractor as the place of jurisdiction and the application of Austrian law.

9. Interpretation

1. Only the German language text of this contract is binding. The English text is for the better understanding of the client.

4mation
event- & securityconsulting gmbh

Am Modenapark 6 Top 1
A-1030 Vienna
Tel.: (+43) 664 124 14 67
Fax: (+43) 1 25 33033 9229
Mail: office@4mation.at
Web: http://www.4mation.at