General Terms and Conditions for Go Vienna Relocation Services OG

1. General Terms and Conditions / Scope

1.1       All legal transactions between the principal and Go Vienna Relocation Services OG (in the following referred to as the agent) shall be subject to these General Terms and Conditions exclusively. The version valid at the time the Contract is concluded shall be applicable unless otherwise expressly agreed in writing.

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 the agent.

1.4       In addition to these General Terms and Conditions §§ 1002 to 1026 of the ABGB (Austrian Civil Code) on authorization apply as far as remunerable services are concerned.

1.5       If any provision of these General Terms and Conditions is or becomes invalid because of strict statutory provisions (in particular the provisions of the Austrian consumer protection law), 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.

2. Scope of Contract / Conclusion of a Contract

2.1       A contract between agent and principal is already legally binding with a written confirmation of an order returned by mail or facsimile.

2.2       The scope of each particular assignment shall be individually agreed by contract.

2.3       The agent shall be entitled to subcontract, in whole or in part, the services for which the agent is responsible to third parties. Payment of said third parties shall be effected exclusively by the agent. in that case no contractual relationship of any kind shall exist between the principal and said third party.

2.4       All orders and agreements are only then legally binding, when they have been signed by an authorized representative of the agent and they obligate only to the extent set forth in the order confirmation.

2.5       In principle, all quotations are subject to confirmation.

2.6       Orders and contract changes of orders already confirmed orally stated by the customer become only operative if they are confirmed by the agent in writing. Oral agreements without written confirmation are not valid.

2.7       Essential modifications of the order are classified as cancellation of the contract and require an amendment of the offer and contract respectively.

3. Terms of Cancellation

3.1       Unless the provisions of the statutory cancellation for all legal business with consumers, as defined by Austria's consumer laws, will not be applied, a cancellation fee applies.

3.2       Cancellations before the 1st day of action (arriving of the written confirmation at the agent) are free of charge (no cancellation fee).

3.3       If an order will be cancelled during the completion (from the 1st day of action), cancellation by the principal is only pssoible with the written agreement of the agent. If the agent agrees to the cancellation, he is entitled to charge not only for services rendered and accrued costs, but also a cancellation fee that represents 50% of the value of the total order not yet settled.

3.4       Cancellation fees are payable on presentation of the cancellation for any reason and irrespective of fault.

3.5       A cancellation of order by the principal has to be in writing and becomes operative not before the arrival of the written cancellation at the agent.

4. Contractual Language

4.1       The language of contacrt, order and business is German.

5. Duration of the Agreement

5.1       A contract terminates with the completion of the project and the completion of all services by the agent as provided in the contract respectively, unless otherwise agreed.

6. Duties of the Agent

6.1       The agent is endeavor to execute the principal's order diligently according to the description of the respective services.

6.2       The agent clears the requirements with the principal and prepares a profile of requirements shortly after as fas as the principal already has confirmed the order.

6.3       The agent is anxious to fulfil the service agreed upon as quickly as possible.

7. Principal's obligation to co-operate / Declaration of Completeness

7.1       The principal shall, in a timely manner and without special request on the part of the agent, provide the agent with all documents necessary to fulfil and perform the consulting assignment and shall inform the agent of all activities and conditions pertinent to the performance of the consulting assignment. This includes all documents, activities and conditions that become known or available during the performance of the consulting assignment.

7.2       Delays and cost increases that result from incorrect, incomplete, or subsequently changed data and information or supporting documentation provided to the agent, are not the responsibility of the agent and cannot result in the agent's being in default of delivery. Additional costs so arising are to borne by the principle.

7.3       As far as legally permissible, the customer releases the agent from the limitations of the law protecting the individual against infringement of his/her rights through storage of  computerised data. The customer authorises the agent to use, save or make data accessible to third parties within the framework of the agreements as stated in the contract.

7.4       In case documents are sent by mail, both parties are obliged to send them with recorded delivery or any similar way. Postal charges will be invoiced to the principal. The agent assume responsibility for these documents as of the date of receipt of the mail and free themselves from the responsibility after the date of dispatch or return of the documents.

8. Maintenance of Independence

8.1       The contracting parties shall be committed to mutual loyalty.

8.2       The contracting parties shall be obligated to take all necessary measures to ensure that the independence of all persons working for the agent and/or of any third parties employed by the agent is not jeopardized. This applies particularly to any employment offers made by the principal or the acceptance of assignments on their own account.

9. Liability / Damages

9.1       The agent 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). Corrspondingly, this also applies to damages resulting from third parties employed by the agent.

9.2       The principal shall furnish evidence of the agent's fault.

9.3       If the agent 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.

9.4       The agent is only legally liable for their performance supporters (employees or sub contractors), however, not for the rendering of services that are included in a separate contract between the principal and a third party where the agent only has acted as mediator.

10. Confidentiality / Data Protection

10.1     The agent shall be obligated to maintain complete confidentiality concerning all business matters made known to the agent 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     The business consultant and his staff pledge themselves to secrecy about all matters that come to their attention in connection with their work for the principal. This obligation is both toward the principal and toward the business connections of the principal. Only the principal himself, and not his assistants, can release the agent from the obligation to maintain strictest confidentiality, which release must be in writing.

10.3     The agent may distribute to third parties information, data, identification cards, certificates, records, attestations and documents only with the permission of the principal.

10.4     The obligation to maintain confidentiality on the part of the agent and his staff is also valid after the conclusion of the order. The exceptions are cases in which there is a legal obligation to disclose information.

10.5     The agent shall be entitled to use any personal data entrusted to the agent for the purposes of the services performed. The agent shall guarantee the principal that all necessary measures will be taken, especially those regarding data protection laws, e.g. that declarations of consent are obtained from the persons involved.

11.Remuneration

11.1     After completion of the services agreed upon, the agent shall receive remuneration agreed upon in advance between the agent and the principal. The agent shall be entitled to render intermediate accounts and to demand payment on account as required by the progress of the work. Remuneration shall be due and payable immediately after rendering accounts by the agent. All invoices presented by the agent fall due promptly without any deductions and free of charges.

11.2     The agent shall render accounts which entitle to deduct input tax and contain all elements required by law.

11.3     Any external costs need to be reimbursed immediately to the agent by the principal separately, upon submission of the appropriate receipts unless otherwise agreed. In the event the agent provide additional services that are not explicitly stated in the service contract, the required time will be charged at the valid price per hour as stated in the contract except third-party costs unless otherwise agreed.

11.4     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 the agent for cause, the agent shall be entitled to claim payment in full of the remunaeration agreed upon in advance.

11.5     In the event that intermediate invoices are not paid, the agent shall be released from the agent's commitment to provide further services. This shall not apply to any further claims resulting from default of payment.

11.6     In case of delayed payment, the agent is entitled to claim arising extra charges such as reminder fees, interest, legal costs and lawyers's fees corresponding to the legally established amounts.

12. Electronic Invoicing

12.1     The agent shall be entitled to transmit invoices electronically. The principal agrees explicitly to accept invoices transmitted electronically by the agent.

13. Objects for rent or for sale

13.1     Information on objects for rent or for sale made available by the agent may not be passed on to third parties without the approval of the agent. Should the agent be harmed by the transmission of such information material to third parties, the principal is obliged to pay compensation.

13.2     Contract negotiations and closing contracts for rent or purchase of an object are entirely the responsibility of the principal or the tenant/buyer.

13.3     The agent do not assume liability whatsoever for the condition of the rental or purchase objects, neither for the contents of the contracts nor for any claims of or against the persons engaged to implement or setting up the required contracts such as real estate agents, legal representatives, etc....

13.4     All rights and obligations resulting from the negotiations and the rent or purchase contracts are solely matter of concern of the principal or the tenant/buyer.

14. Right of Charge and Retention

14.1     The customer is only entitled to a right of charge or retention if his claims are legally valid or have been acknowledged by the agent.

15. Place of Fulfilment and Place of Jurisdiction

15.1     Unless there is no legal business with consumers, as defined by Austria's consumer laws, the place of fulfilment and court of jurisdiction is Vienna. Inly Austria law to the exclusion of the UN-Convention on Contracts on the International Sale of Goods as well as national and international conflict rules shall apply.

16.Final Provisions

16.1     The conclusion of contracts resulting from the assignment of third parties (real estate agents/landlords, carriers, lawyers, etc....) will not be concluded in the name of the agent but exclusively between the principal and third parties.

16.2     The contracting parties declare that all information contained herein is accurate and made in good conscience. They shall be mutually obligated to immediately inform the other party of any changes.

16.3.    Modifications 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 of written form.

As per 01/2009