General Terms and Conditions
Ziehrerweg 4B, 2500 Baden bei Wien, FN 454211h
The terms and conditions of these GTC apply to all deliveries and services of Galagan ADVISORY® to the contracting party, insofar as their validity for each individual contract is not excluded or limited by mutual agreement.
These terms and conditions are an integral part of each individual contract between the contracting party and Galagan ADVISORY®. The provisions of the individual contract take precedence over the terms of these GTC.
Our customers are referred to below as "Principal".
1. General Terms and Conditions / Scope
1.1. All legal transactions between the Principal and Galagan ADVISORY® shall be subject to these General Terms and Conditions exclusively. The version valid at the time the Contract is concluded shall be applicable.
1.2. These General Terms and Conditions shall also apply to any future contractual relationships even if these General Terms and Conditions are not expressly referred to in collateral contracts.
1.3. Any conflicting General Terms and Conditions on the part of the Principal shall be invalid unless they have been explicitly accepted in writing by Galagan ADVISORY®.
1.4. If any provision of these General Terms and Conditions is or becomes invalid, the other provisions and any contracts concluded pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.
1.5. Each Principal bears the costs for the preparation of offers (orders), cost estimates, etc. itself.
1.6. Work, which serves the preparation of a contract to be concluded later and which relates to the essential content of the contractually defined services, must be coordinated with the Principal.
1.7. Both Galagan ADVISORY® and the Principal can accept and place orders verbally (also by telephone) or in writing.
1.8. Galagan ADVISORY® shall record the order in a written order confirmation, which must be delivered to the Principal without culpable delay.
1.9. If the Principal does not contradict the order confirmation within ten working days by registered letter - the timeliness of the objection is determined by the date of the mailing - the conditions stated in the order confirmation shall be deemed agreed.
2. Participation in course offers
2.1. Registrations and cancellations will only be accepted in writing and taken into account by the date of their arrival. This will be confirmed by e-mail.
2.2. All events have a limited number of participants.
2.3. Participation in the events is only possible if the payment of the attendance fee has been received before the beginning of the event.
3. Attendance Fees
3.1. The attendance fees are exclusive of 20% value added tax (VAT). The respective invoices are issued plus 20% VAT.
3.2. After registration, a bill will be sent by Galagan ADVISORY®. Invoices are to be paid to the account of the business owner, Larissa Winter (IBAN: AT 19 2011 1291 5708 1606, BIC: GIBAATWWXXX at Erste Bank der österreichischen Sparkassen AG).
4. Cancellations, substitute participants, deferral, changes, exclusion of participation
4.1. Cancellations received by Galagan ADVISORY® by the 15th working day before the event are free. For cancellations received after the fifteenth working day, but no later than the fifth working day before the start of the event, 50% of the participation fee (plus VAT) will be charged. For cancellations received after the fifth working day before the start of the event, 100% of the participation fee (plus VAT) will be charged. In the event of unannounced non-attendance, 100% of the registration fee (plus VAT) will also be charged.
4.2. Already booked event spots can be passed on to substitute participants before the event starts - with immediate notification of the organizer. There are no cancellation fees in this case.
4.3. As of registration, transfers to another, equivalent event are possible once and only within one year. The decision as to whether an event is "equivalent" within the meaning of this provision is the responsibility of Galagan ADVISORY®. However, rebooking can only be considered if both the old and the new event take place, at the earliest, 10 working days after receipt of the rebooking. In addition, Galagan ADVISORY® reserves the right to refuse a transfer without giving any reason in individual cases.
4.4. Galagan ADVISORY® reserves the right to cancel or postpone events due to insufficient attendance up to 5 working days prior to the event. Furthermore, Galagan ADVISORY® reserves the right to cancel or postpone events - even at short notice - for important reasons. Important reasons include, in particular, the hindrance of speakers, unavailability of the venue, force majeure and other unforeseen events.
4.5. If events have to be canceled or postponed, this will be communicated to the participants immediately, upon announcement, by e-mail.
4.6. In the event of cancellation, participants will be refunded the attendance fee or may attend an equivalent event within one year of cancellation. In the case of a postponement, attendees can attend the event on the new date or, on request, receive the attendance fee back. Alternatively, they can also attend an equivalent event within one year from the date of the deferral. The decision as to whether an event is "equivalent" within the meaning of this provision is the responsibility of Galagan ADVISORY®.
4.7. In the event of cancellation or postponement, compensation for costs exceeding the attendance fee (for example for travel, accommodation, loss of earnings, etc.) is excluded.
4.8. For organizational reasons, contents, speakers and venues of an event may change at short notice. Such changes do not entitle to any refund of the attendance fees.
4.9. Galagan ADVISORY® reserves the right to exclude participants from (further) participation in events for important reasons. Important reasons for an exclusion are in particular the disruption of the event or the risk of damage to the reputation of the brand Galagan ADVISORY® by the participant. A reimbursement of expenses or a refund of the attendance fees is excluded in these cases.
5. Protection of Intellectual Property
5.1. The copyrights and all exploitation rights to the services developed by Galagan ADVISORY (work documents and / or the contractually defined service, such as a behavioral analysis) shall remain absolute with Galagan ADVISORY.
5.2. Galagan ADVISORY® shall retain all copyrights to any work done by Galagan ADVISORY® and/or by persons working for Galagan ADVISORY® and/or by third parties employed by Galagan ADVISORY® (including but not limited to tenders, reports, analyses, expert opinions, organization charts, programs, performance descriptions, drafts, calculations, drawings, data media, etc.). During the contract period and after termination thereof, the Principal may use these materials exclusively for the purposes described under the Contract. Therefore, the Principal shall not be entitled to copy or distribute these materials without the explicit consent of Galagan ADVISORY®. Under no circumstances will any liability of Galagan ADVISORY® - in particular for the correctness of the work - to third parties be caused by an unauthorized duplication / dissemination of the work.
5.3. Any violation of this provision by the Principal shall entitle Galagan ADVISORY® to prematurely terminate the Contract and to enforce other legal claims, in particular for restraint and/or damages.
5.4. The copyright of all issued documents - be it in paper, book form or as electronic medium - lies with the respective author. The right of use of the Principal extends only to the personal, non-commercial use and excludes any change. However, the Principal is prohibited from using these documents for the independent organization of seminars / programs, etc. - even within its own area.
6.1. Damage claims of the Principal against Galagan ADVISORY® and / or its assistants are excluded, as far as they are not based on intentional or grossly negligent behavior. In addition, the liability of Galagan ADVISORY® is limited to the amount of the attendance fee or the agreed fee according to the individual contract.
6.2. Galagan ADVISORY® is not liable for mediate or indirect damages.
6.3. Galagan ADVISORY® prepares events thoroughly. However, the company assumes no liability for the accuracy, completeness and timeliness of the information provided and the application of acquired knowledge. Moreover, Galagan ADVISORY® does not guarantee any particular event success.
7. Conclusion of Contract per Individual Offer
7.1. Basis for the conclusion of contract is the respective offer from Galagan ADVISORY® or the order of the Principal, in which the scope of services and the remuneration are specified.
7.2. If the Principal issues an order, the Principal is bound to it from the date of receipt by Galagan ADVISORY®. The contract is concluded through the acceptance of the order by Galagan ADVISORY® (order confirmation by e-mail also possible). The acceptance must be made in writing.
8. Scope of Consulting Assignments / Representation
8.1. The scope of each particular consulting assignment shall be individually agreed by contract.
8.2. Galagan ADVISORY® shall be entitled to subcontract, in whole or in part, the services for which Galagan ADVISORY® is responsible to third parties. Payment of said third parties shall be carried out exclusively by Galagan ADVISORY®. No contractual relationship of any kind shall exist between the Principal and said third party.
9. Warranty / Damages
9.1. The Principal must immediately assert any claims, in any case within three days after performance, in writing to Galagan ADVISORY® and give reasons. In the case of justified and timely complaints, the Principal is entitled only to the right to improve or exchange services by Galagan ADVISORY®.
9.2. Galagan ADVISORY® shall be liable to the Principal for damages - with the exception of personal injury – only to the extent that these are the result of serious fault (intention or gross negligence). Correspondingly, this also applies to damages resulting from third parties employed by Galagan ADVISORY®.
9.3. Any claim for damages on the part of the Principal may only be enforced by law within three months after those entitled to assert a claim have gained knowledge of the damage and the liable party, but not later than three years after the incident upon which the claim is based.
9.4. The Principal shall furnish evidence of Galagan ADVISORY®’s fault.
9.5. If Galagan ADVISORY® performs the required services with the help of third parties, any warranty claims and claims for damages which arise against the third party shall be passed on to the Principal. In this case, the Principal shall primarily refer to the third party.
10. Confidentiality / Data Protection
10.1. Galagan ADVISORY® shall be obligated to maintain complete confidentiality concerning all business matters made known in the course of services performed, especially trade and company secrets and any other information concerning type and/or scope of business and/or practical activities of the Principal.
10.2. Galagan ADVISORY® shall be obligated to maintain complete confidentiality concerning all personal data of employees of the Principal, which Galagan ADVISORY® becomes aware of on the occasion of the conclusion of the contract and in connection with the performance of the service. Galagan ADVISORY® agrees to comply with the provisions of the Data Protection Act.
10.3. Galagan ADVISORY and the Principal shall maintain complete confidentiality in respect of all transactions that are normally subject to confidentiality. This applies in particular to all trade and business secrets of which the respective other contracting party becomes aware.
10.4. The obligation of secrecy and confidential treatment also applies to the documents provided by Galagan ADVISORY or the Principal.
10.5. Company-specific documents of the Principal may only be used by Galagan ADVISORY for the purposes of the Principal and only for the fulfillment of the contract.
10.6. Company-specific documents of Galagan ADVISORY, including drafts for the development of the later contractually defined service, may only be used by the Principal with the written consent of Galagan ADVISORY for the Principal’s own purposes.
10.7. If there is any doubt as to whether or not a circumstance is subject to the obligation of confidentiality, it must be treated confidentially.
10.8. The obligation to maintain confidentiality shall persist indefinitely even after termination of this contract. Exceptions exist in the case of legally provided statement obligations. The contracting parties will not use secret circumstances for their own or for other purposes.
10.9. Both contractual partners are obliged to transfer the obligation to confidentiality, according to the preceding paragraphs, to any person whom they use for the fulfillment of their services. In the event of a breach of this obligation by Galagan ADVISORY, there shall be no fault of any kind with regard to the Principal in enforcing claims for damages against the person who has breached the obligation to confidentiality.
10.10. Upon termination of the contract, both Galagan ADVISORY and the Principal will immediately return their original documents to the other party.
11. Data Protection
11.1. Protecting your privacy is a major concern of Galagan ADVISORY®. More detailed information can be found in our Privacy Statement on our homepage under the following link: http://www.galaganadvisory.com/privacy-statement
12. Remuneration / Cancellation
12.1. For the fees refer to the offers of Galagan ADVISORY The service defined in the individual contract is invoiced after performance of the service. If the service is divisible, this regulation also applies to partial services. This applies in particular to the services of Galagan ADVISORY, for which the fee is calculated according to daily rates - such as seminars, workshops, etc. - In these cases, the fee will be invoiced for each month immediately after its end. Any applicable value added tax (VAT) must be shown separately.
12.2. Any cash expenditures, expenses, travel expenses, etc. shall be reimbursed to Galagan ADVISORY® by the Principal separately, upon submission of the appropriate receipts.
12.3. Galagan ADVISORY® is entitled to submit interim invoices in accordance with the progress of work and to demand that the respective progress is on account. The fee is due in each case with billing.
12.4. A claim for prepayment does not exist. Prepayments must be specified in the individual contract or in a separate agreement.
12.5. Invoices that have factual or calculative defects or errors do not constitute a due date until they have been corrected and may be returned by the Principal at any time. The due date only occurs upon receipt of the correct invoice.
12.6. Unless otherwise agreed, the fee is due for payment, without any deductions, 21 days after the date of the billing.
12.7. In case of delay in payment of the fee, default interest of 1% per month will be charged.
12.8. The Principal is entitled to cancel the individual contract at any time. In such case, the following provision applies:
12.8.1. If the individual contract is canceled up to 6 weeks before the realization, a cancellation fee of 30% of the agreed fee will be charged.
12.8.2. If the individual contract is canceled less than 6 weeks but up to 2 weeks before the realization, a cancellation fee of 60% of the agreed fee will be charged and
12.8.3. If the individual contract is canceled less than 2 weeks before the realization, the full fee will be charged as the cancellation fee.
12.9. In the event that intermediate invoices are not paid, Galagan ADVISORY® shall be released from the commitment to provide further services. This shall not apply to any further claims resulting from default of payment.
12.10. In the event that the work agreed upon is not completed due to reasons on the part of the Principal, or due to a premature termination of contract by Galagan ADVISORY® for cause, Galagan ADVISORY® shall be entitled to claim payment in full of the remuneration agreed upon in advance, less expenses not incurred. In the event that an hourly fee had been agreed upon, the Principal shall pay for the number of hours expected to be required for the entire contracted assignment, less expenses not incurred. Expenses not incurred shall be calculated as a lump sum consisting of 30% of the fee required for those services that Galagan ADVISORY® did not perform by the date of termination of the agreement.
13.1. Galagan ADVISORY warrants that it will provide the contractually defined services.
13.2. Otherwise, the statutory provisions apply.
14. Electronic Invoicing
14.1. Galagan ADVISORY® shall be entitled to transmit invoices electronically. The Principal agrees explicitly to accept invoices transmitted electronically by Galagan ADVISORY®.
15. Final Provisions
15.1. Modifications of and amendments to this Contract or these General Terms and Conditions shall be made in writing; This shall also apply to a waiver of this requirement in written form. Verbal collateral agreements do not exist.
15.2. This Contract is governed by the substantive law of the Republic of Austria excluding the conflict-of-law rules of international private law.
15.3. Jurisdiction in all disputes is the court in Wiener Neustadt.
15.4. Otherwise, the statutory provisions apply.