General terms and conditions
GENERAL TERMS AND CONDITIONS
1 GENERAL PRINCIPLES/SCOPE OF APPLICATION
1.1 For all legal transactions between C&G Lenz Immobilienconsulting GmbH (hereinafter: Office Vienna Stephansplatz) and its contractual partners (hereinafter: customer) these General Terms and Conditions apply exclusively. The version valid at the time the contract is concluded is decisive. In principle, Office Vienna Stephansplatz concludes contracts only on the basis of the following conditions. The customer expressly acknowledges having taken note of these General Terms and Conditions as legally binding, so that they have become part of the contract. This also applies if the customer refers to his own general terms and conditions.
1.2 These General Terms and Conditions also apply to all future contractual relationships, even if they are not expressly referred to in additional contracts.
1.3 Conflicting general terms and conditions of the customer are not part of the contract unless they are expressly acknowledged in writing by Office Vienna Stephansplatz.
2 SCOPE OF SERVICES
2.1 “Business address” contract
The “business address” contract entitles the customer to use the address Stephansplatz 8/20, 1010 Vienna, as a delivery point for the receipt of (registered) letters and parcels. The customer is also entitled to use the address Stephansplatz 8/20, 1010 Vienna, as business address and as the company headquarters, provided that no legal obligations are violated. Any other use is prohibited without the prior written consent of Office Vienna Stephansplatz. Office Vienna Stephansplatz may refuse to accept shipments if there is reasonable suspicion or it is obvious that the shipments to be received contain dangerous, living or perishable goods. Furthermore, Office Vienna Stephansplatz is entitled to refuse the acceptance of shipments, if the acceptance is unreasonable or violates legal or contractual obligations. In particular the acceptance of bulky goods is unreasonable, unless their receipt is announced early enough beforehand. Office Vienna Stephansplatz is entitled to return shipments that the customer has not collected within a period of 14 days to the sender.
2.2 “Personal Assistance Services” contract
The “Personal Assistance Services” contract entitles the customer, after prior agreement, to use services such as paperwork, errands, correspondence, etc. at the agreed hourly rate. If desired, a local telephone number specified by Office Vienna Stephansplatz can also be set up with call forwarding or forwarding to a desired telephone number, with message recording and forwarding by e-mail or with personal call acceptance by the staff of Office Vienna Stephansplatz during business hours. In the case of call forwarding to foreign telephone numbers or telephone numbers that are subject to a charge in addition to the local tariff, the call charges or connection fees incurred are to be borne by the customer.
2.3 Meeting room rental agreement
When concluding the contract “rental of meeting rooms”, the General Terms and Conditions of Wenckheim GmbH apply, which can be viewed at www.consolmo.com are valid.
3 CONTRACTUAL TERMS
3.1 The contract is automatically extended by further three months unless the customer terminates the contract in writing at least one month before the end of the contract. 2 / 4
3.2 Office Vienna Stephansplatz can terminate this contract with the customer with immediate effect, if the customer becomes insolvent, the company is in liquidation or the customer defaults on at least two payments under this contract.
3.3 In the event of premature termination of the contractual relationship by the customer, the customer must pay the agreed monthly service fee for the period until the next possible termination date.
4 LEGAL CONDUCT
4.1 The customer is obliged to comply with all legal and contractual obligations connected with the use of the services of Office Vienna Stephansplatz.
4.2 The customer is obliged to refrain all actions that could impair the business operations of Office Vienna Stephansplatz (e.g. causing noise), which could have an increasing effect on the insurance premium to be paid by Office Vienna Stephansplatz or that causes damage to Office Vienna Stephansplatz or to the property owners. The customer acknowledges that any breach by the customer constitutes a material breach of contract, which entitles Office Vienna Stephansplatz to terminate the contract with immediate effect.
4.3 The customer must inform Office Vienna Stephansplatz before the conclusion of the contract or immediately after acceptance, if he carries out business activities that compete with the business activities of Office Vienna Stephansplatz (provision of business addresses, a virtual office, activities of personal assistance and provision of meeting rooms). If such a business activity is taken up during an ongoing contractual relationship, Office Vienna Stephansplatz is entitled to terminate the contract with immediate effect.
4.4 After the end of the contract, the customer is no longer permitted to use the address Stephansplatz 8/20, 1010 Vienna, for whatever reason. The customer grants Office Vienna Stephansplatz the right to take the necessary measures to restore the lawful status and must reimburse all costs incurred by Office Vienna Stephansplatz due to the unauthorized further use of the address.
5 LIABILITY
5.1 Office Vienna Stephansplatz is liable to the customer for damage – except for personal injury – only in the event of gross negligence (intent or gross negligence). This also applies to damage caused by third parties called in by Office Vienna Stephansplatz.
5.2 In any case, Office Vienna Stephansplatz is not liable for the damage suffered, resulting from the non-provision of services due to technical faults, strikes or force majeure.
6 COSTS
6.1 The agreed service fee is due for payment monthly in advance. With regard to the payment of the monthly service fee, the customer is obliged to set up a standing order or direct debit order.
6.2 When using the daily rate, the monthly service fee is made up of 30 daily rates. For a period of less than one month, the service fee is billed by days.
6.3 The customer shall indemnify and hold Office Vienna Stephansplatz harmless for all non-payment of sales, use, excise and other taxes and license fees that the customer is obliged to pay for whatever legal reason. If Office Vienna Stephansplatz pays taxes or fees that are to be paid by the customer due to legal or contractual requirements, the customer is obliged to replace them immediately. 3 / 4
6.4 Office Vienna Stephansplatz reserves the right to withhold services (including refusing access to the premises) as long as also a part of the monthly service fee is outstanding or the customer violates contractual agreements.
6.5 Upon conclusion of the contract, the customer must pay a deposit in the amount specified in the contract.
6.6 The deposit serves to ensure the fulfilment of the customer’s obligations arising from the contract as well as other disadvantages caused by the customer (including the associated necessary procedural, representation and enforcement costs). The deposit must be returned within 14 days of the end of the contractual relationship with regard to the part not used as intended, as far as it is ensured that a security is no longer required.
6.7 The monthly service fee is value-secured. The consumer price index 2020 published by the Federal Office Statistics Austria or the index replacing it is used to calculate the value protection. The starting point for the value protection calculation is the index number announced for the month in which this contract becomes legally effective. The monthly service fee changes to the extent to which the named index changes compared to the starting point. The monthly service fee is recalculated at the end of each calendar year on the basis of the index number announced for the month of December with effect from January of the following year. The monthly service fee changed in this way forms the basis for recalculating the service fee for the next year. The customer will be notified in writing by Office Vienna Stephansplatz of the change in the service fee that occurs as a result of the value protection. Office Vienna Stephansplatz has the right to retrospectively collect the difference in value for a period of three years. If the consumer price index is no longer published in the future, its successor index must be used or the change in monetary value must be taken into account in some other way so that the real value of the service fee is retained.
6.8 Unless otherwise agreed, the recurring services to be provided by Office Vienna Stephansplatz will be made available at the contractually agreed tariffs for the entire duration of the contract, provided that the customer does not breach any of his obligations.
6.9 Fees for usage-based services including taxes are invoiced retrospectively in accordance with the variable, applicable tariffs of Office Vienna Stephansplatz and are due for payment on the 5th of the calendar month following the provision of the service.
7 MISCELLANEOUS
7.1 This contract is subject to Austrian law to the exclusion of its reference standards and the United Nations Convention on Contracts for the International Sale of Goods. The competent court for 1010 Vienna is exclusively responsible for disputes arising from and in connection with this contract.
7.2 In the case of a consumer transaction, the court in which the consumer has his domicile or habitual abode or is employed shall have local jurisdiction for disputes arising from and in connection with this contract.
7.3 Office Vienna Stephansplatz must be contacted in writing to the above address. The customer is responsible for keeping the address stored at Office Vienna Stephansplatz as well as other master data and company information up to date.
7.4 The terms of this contract are confidential. Neither Office Vienna Stephansplatz nor the customer are entitled to disclose these to third parties without the written consent of the other party, unless 4 / 4
they are required to do so by law or are requested to do so by an authority. This obligation also applies after the termination of this contract.
7.5 Office Vienna Stephansplatz is, however, released from the duty of confidentiality towards any assistants and deputies that it uses. However, Office Vienna Stephansplatz has to completely transfer the obligation of confidentiality to them.
7.6 It is stated that the customer is an entrepreneur, so that the Consumer Protection Act (Konsumentenschutzgesetz) does not apply.
7.7 All changes, additions to these General Terms and Conditions and other agreements between the customer and Office Vienna Stephansplatz must be made in writing.
7.8 Should any determination of this contract be or become invalid or unenforceable, this shall not affect the effectiveness, validity or enforceability of all other determinations. In the event of the ineffectiveness, invalidity or unenforceability of one of these determinations, an economically reasonable determination that comes as close as possible to this determination and is not ineffective, invalid or unenforceable shall be deemed to have been agreed between the contracting parties. The same applies to gaps.