The AFT Plus Promotion Sales GmbH agency (hereinafter PPS) provides its services exclusively on the basis of the following general terms and conditions (GTC). These apply to all legal relationships between PPS and the customer, even if no specific reference is made to them.
By placing an order, the contracting partner confirms that they have read and accepted these general terms and conditions. Different terms and conditions of the contracting party require the written consent of the bodies authorised to represent PPS.
Prices and Terms of Payment
The agency's quotations are non-binding and without obligation. The quotation prices are valid only for a non-split order. Fixed price quotations cease to be valid after one month.
All prices are net prices without VAT. Invoices from PPS are due on the dates specified, without any deductions. If the deadline is missed by more than five working days, interest may be charged at a legally permissible rate.
In the event that the key data in the briefing change, the prices specified in the quotation may also be subject to change.
PPS undertakes to treat all procedures that it gains knowledge of in the course of collaboration with the customer as strictly confidential and to not make use of these for third parties at any time (unless the customer has given explicit permission).
Intellectual property rights
By the customer issuing the invitation and PPS accepting the invitation, the potential customer and PPS enter into a contractual relationship ("pitching contract"). The general terms and conditions shall also form the basis for this contract.
All rights to created presentations (especially ideas, suggestions, concepts, etc.) and completed work, as well as to individual parts thereof, remain the property of PPS. By paying the fee, the customer is only purchasing right of use for the agreed purpose.
After project use is completed, usage and exploitation rights may be transferred to the customer only with the written consent of PPS and in exchange for compensation. The amount of compensation will be negotiated in detail. In the event of unlawful use, PPS reserves the right to assert further claims for damages.
Complaints and warranty
Customer complaints against PPS must be raised promptly in writing, no later than within eight working days following completion of the service, describing the fault. Otherwise the service shall be deemed approved.
If services of any kind have not been fully or properly rendered by the initially scheduled date, PSS is entitled and obligated to make up the activity within a reasonable time, in which case the customer shall allow PPS to carry out all measures necessary to investigate and correct the fault.
If the fault cannot be rectified after two attempts, the party shall be entitled to rescission or reduction. Further rights and claims for damages are excluded.
PPS is only liable for direct damage if it has caused such damage intentionally or through gross negligence and only up to the amount of the agreed total compensation. Any liability of PPS or its employees for further claims and damages, particularly claims for compensation for indirect, incidental, or consequential damages, lost profits – regardless of their legal basis – is excluded.
In the event that a commissioned project is cancelled by the customer, PPS is entitled to issue an invoice for the external costs incurred thus far, as well as for the following cancellation costs to cover its expenses:
- Cancellation up to 1 month prior to the project launch: 10% of the cancelled order amount,
- cancellation at least 1 month prior to the project launch: 25% of the cancelled order amount
- cancellation at least 2 weeks prior to the project launch: 50% of the cancelled order amount
- cancellation at least 1 week prior to the project launch: 100% of the cancelled order amount,
- Cancellation during the campaign (premature termination): 100% of the cancelled order amount
The customer undertakes not to directly or indirectly commission any campaign personnel who were deployed by PPS as part of the collaboration, or to employ them as an employee or freelance collaborator, during the contract period or within 12 months after the contract ends. In the event of breach of this provision, PPS is entitled to a charge contractual penalty of 10,000.00 per employee
The customer will make all information and documents necessary for the provision of the service available to the agency in a timely manner and in full. The customer will inform the agency of all circumstances that are of importance for the implementation of the order, even if these only become known during the implementation of the order.
Place of fulfilment and place of jurisdiction
The place of fulfilment and place of jurisdiction is Vienna. The action and the contractual relationship are subject to Austrian law.