AGB | CommKey

FN 554329 s

Last updated: March 2021

SCOPE

In addition to the special conditions of the order confirmation, these General Terms and Conditions form the basis of all transactions with Commkey Kommunikationsberatung GmbH, contracts concluded and offers prepared by Commkey Kommunikationsberatung GmbH. Unless otherwise agreed, these General Terms and Conditions shall apply.

CONFIDENTIALITY

Each contracting party assures the other that it will treat all trade secrets brought to its knowledge by the other party in connection with this contract and its implementation as such and will not make them accessible to third parties unless they are in the public domain or known to the recipient beforehand without any obligation of confidentiality, or were communicated or made available to the recipient by a third party without an obligation of confidentiality, or were demonstrably, independently developed by the recipient, or are to be disclosed due to a legally binding official or judicial decision. The subcontractors associated with Commkey Kommunikationsberatung GmbH are not considered third parties as far as they are subject to a confidentiality obligation corresponding to this point.

OPEN COURSES AND OPEN SEMINARS

Scope of services:

Commkey Kommunikationsberatung GmbH conducts open events (courses, seminars, etc.) and in-house seminars as described on its website www.commkey.at. Unless otherwise agreed in the registration/order confirmation sent to the client, the prices in euros specified in the course/seminar descriptions and on the website www.commkey.at or in an offer or stated on the registration form are subject to VAT at a rate of 20 %. The prices for open events are per person. Corporate clients will receive an offer with the corresponding daily rates. Services paid in advance must be consumed within 1 year. After the end of the 1-year price guarantee, current prices will be adjusted. Legal validity of a transaction: In order for a legally valid transaction to take place with Commkey Kommunikationsberatung GmbH, all of the following requirements must be met:

Fulfilment of the admission requirements described in the course description.

Transmission of the registration form filled out with the required data, including: name, address and email address.

By registering for an event organised by Commkey Kommunikationsberatung GmbH or by placing an order with Commkey Kommunikationsberatung GmbH, the general terms and conditions are deemed to have been accepted. Should individual clauses thereof become ineffective, the other clauses hereof shall continue to apply.

Transmission of an order confirmation by Commkey Kommunikationsberatung GmbH by email. Private individuals receive the cancellation policy according to the KSchG legislation. The consumer does not have the right to withdraw if they initiated the business relationship with Commkey Kommunikationsberatung GmbH for the purpose of concluding this contract. Each participant is entitled to nominate a suitable substitute participant prior to the start of the event.

The number of participants in the courses and/or seminars is limited for reasons of quality. Admission to a course and/or seminar takes place in the order in which the registrations are received.

If the specified minimum number of participants per event is not reached by the start of a course/seminar, Commkey Kommunikationsberatung GmbH can choose to withdraw from the contract without giving reasons or propose a later alternative date.

Instructions on the right of withdrawal in the case of distance selling

Instructions on cancellation or instructions on the right to withdraw from contracts and distance contracts (§3 and 3a KSchG)

Clients can withdraw from a distance contract or a contract concluded outside of business premises within 14 days without giving reasons by sending a declaration of withdrawal/cancellation in text form (e.g. letter, fax or email). To meet the cancellation deadline, it is sufficient to send the cancellation/withdrawal to Commkey Kommunikationsberatung GmbH, Am Kerschengraben 8,
3232 Bischofstetten or to office@commkey.at. In the event of withdrawal, payments already made by the client will be refunded immediately, but no later than within 14 days of receipt of the declaration of withdrawal and no additional expenses will be charged.

Course organisation

Commkey Kommunikationsberatung GmbH reserves the right to offer courses or cancel seminars due to organisational reasons or commercial requirements and/or name an alternative date and, if necessary, change the trainer team.

In the event of a complete cancellation of the course, the participants will receive a full refund of the participation fee paid. Participants will be informed in writing or verbally of any possible changes. Further claims shall not result from a change.

All oral and written statements remain the intellectual property of the author and may only be used by the client/participant within the scope of the assignment.

All rights to the event documents remain with Commkey Kommunikationsberatung GmbH. They may not be reproduced, scanned, electronically stored, duplicated, distributed or used for public reproduction.

Mandatory attendance

Unless otherwise regulated in specific courses, a minimum attendance of 90% of the prescribed teaching units is required for the successful attendance of a course/seminar; otherwise, no positive certificate of completion can be issued.

Parts of seminars and courses that are missed through no fault of one's own can be made up for at a later point in time – within 1 year – if possible without additional costs. This does not result in a legal right. An interruption, for whatever reason, has no influence on the agreed payment terms.

Terms of payment

Commkey Kommunikationsberatung GmbH sends invoices electronically to the email address provided by the client or, if explicitly requested, by post. The agreed fee is to be transferred immediately after receipt of the invoice. Cash payments are generally not accepted.

Interest on arrears

If the payment of monetary claims is delayed, consumers will be charged interest on arrears at a rate of 4%, and entrepreneurs will be charged at 8% above the base rate. The debtor of a payment claim is in default at the latest if they do not pay within 30 days of the due date and receipt of an invoice. This only applies to a debtor who is a consumer if these consequences have been specifically pointed out in the invoice or payment schedule. If the date of receipt of the invoice or payment schedule is uncertain, a debtor who is not a consumer is in default no later than 30 days after the due date and receipt of the related services.

Dunning and collection fees: After an unsuccessful reminder, Commkey Kommunikationsberatung GmbH can appoint debt collection agencies or lawyers to undertake collection. The client is obliged to pay the necessary debt collection costs in accordance with the regulation of the Federal Ministry for Economic Affairs, BGBL 141/1996, as amended in BGBL I 118/2002. If a lawyer is also appointed to undertake collection, the debtor shall reimburse the necessary costs of appropriate out-of-court collection or collection efforts, as far as these are in reasonable proportion to the claim made, according to the Lawyers' Tariff Act and the fee criteria.

Cancellation conditions – private individuals

If you cancel up to 30 days before the start of the event by means of a written cancellation (date of the postmark), a processing fee of €50 will be retained. In the case of cancellation within 30 days before the start of the course, the entire invoice amount must be paid, unless you can nominate a substitute participant for your place who meets the requirements for participation (see course/seminar description). In the event of cancellation after the start of the course or during the course, the entire amount invoiced must be paid.

Liability

No guarantee is provided related to the (economic) success of participants upon successful completion of a course. The skills learned do not replace the aptitude, admission and professional practice requirements prescribed for individual professions, whether on a self-employed or dependent basis. No liability claims of any kind can be asserted from the application of the knowledge acquired at Commkey Kommunikationsberatung GmbH.

Participation in all events is at your own risk and your responsibility. Participants are liable for any damage they cause themselves. No liability is assumed for the personal equipment or (valuable) objects of participants. The instructions of the trainer must be followed.

No liability is assumed for the correctness of form or content of the information and the correctness of the sources quoted in the publications.The course certificates awarded by Commkey Kommunikationsberatung GmbH are those of a private academy without a legal claim to recognition by state educational institutions.

Place of jurisdiction

For disputes with consumers, the jurisdiction of the relevant court according to the registration form is agreed. Austrian law applies to all disputes arising from the contractual relationship. For disputes arising in the context of transactions with entrepreneurs, the local and competent court at the headquarters of Commkey Kommunikationsberatung GmbH, in the Mödling district, is agreed as the exclusive place of jurisdiction. Austrian law applies to all legal transactions. The place of jurisdiction is the competent court in Mödling.

Coaching

Depending on the agreement, coaching units can be paid for in advance or on account. Payment must be made within 14 days of receipt of the invoice. Coaching units can be cancelled free of charge up to 2 working days before the appointment; after that, 100% of the unused unit(s) will be charged.Since no solution concepts are offered in the coaching, neither Commkey Kommunikationsberatung GmbH nor the executive coaches assume liability for the actions of a coached person resulting from the coaching. A service contract is concluded, not a work contract.The coaches and all individuals involved at Commkey Kommunikationsberatung GmbH are obliged to exercise absolute discretion about the names of the people being coached and the contents of the coaching. This also applies if coaching has been commissioned by a company.

In-house seminars

A company order becomes legally valid after acceptance of the written offer. The invoice is issued after the service has been rendered. An agreed appointment can be postponed to the next 3 months free of charge up to 30 days beforehand. If postponed further, the invoice will be issued and must be paid in full. Divergent agreements must be made in writing.

Invoices are payable free of deductions and expenses. In the event of a delay in payment, interest on arrears will be charged – refer to the "Interest on arrears" section.

The individuals specified in the order under "Management / trainer team" are intended as trainers/coaches/consultants; the client will be informed immediately of any changes. Claims shall not result from a change.

Accommodation costs incurred by the trainers/coaches from Commkey Kommunikationsberatung GmbH are to be borne by the client.

The selection of the seminar rooms and the associated costs are to be borne by the client.

Travel costs above 50 km from the place of residence of the trainer: EUR 1.00/km.

Any cancellations or postponements of the agreed service must be made in writing by email.

The following conditions apply to seminars, training courses, workshops and consulting services:

between placing the order and 30 days before the agreed date:
in the event of cancellation or postponement, there shall be no cancellation costs

from 15 days before the agreed date: cancellation: 60%, postponement: 30%

from 7 days before the agreed date: cancellation: 100%, postponement: 50%

Individual coaching can be postponed free of charge up to two days before the appointment, after which 100% of the fee will be charged.

All consultants, trainers and coaches are contractually bound to Commkey Kommunikationsberatung GmbH. The client is not entitled to instruct the consultant, trainer or coach to take on assignments on their own account.

In connection with disputes arising from transactions with entrepreneurs, the local and competent court at the headquarters of Commkey Kommunikationsberatung GmbH in the Mödling district is agreed as the exclusive place of jurisdiction. Austrian law applies to all legal transactions.

NOTICE WITH REGARD TO THE DATA PROTECTION ACT (data protection clause)

Clients and business partners agree that their personal data will be stored by us for automatic contract processing. The purpose of this data processing is to keep records and to inform participants about events organised by Commkey Kommunikationsberatung GmbH. The consent to the further use of the data is considered to apply until revoked at any time. If this is not desired by the client, this can be prevented in writing by means of an email to office@commkey.at. A transfer of data to third parties, in whatever form, will not take place. We only use your payment details for the bank or credit card company or our tax advisor. Our entire data agreement is based on and in compliance with the legal provisions of the Austrian Telecommunications Act and the Austrian Data Protection Act[AAC1] .

Force majeure

Insofar as and as long as obligations resulting from force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, sovereign intervention, power failure, failure of means of transport, failure of telecommunications networks or data connections, changes in the law affecting the services after the conclusion of the contract or other unavailability of the contractual content as a result of which these cannot be provided in a timely or proper manner, this shall not constitute a breach of contract.

Bischofstetten, 24 November 2023