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GENERAL TERMS AND CONDITIONS OF QUEST-MATCH



Quest-Match as the Client

These General Terms and Conditions (GTC) apply in cases where Quest-Match e.U. is the client of services, i.e., receives services from the contractual partner for a fee.

1. General

Unless expressly regulated differently in the order letter, only these GTC of Quest-Match e.U. apply; the general terms and conditions of the contractual partner do not apply. All changes or additions to these GTC, as well as other agreements and side agreements in the course of business transactions, require written form to be effective; this also applies to deviations from this requirement for written form. The invalidity of individual provisions of these GTC does not affect the validity of the contract as a whole. If a clause of these GTC becomes invalid or unenforceable, it will be replaced by a legally permissible, effective, and enforceable clause that comes closest to the economic intention of the provision to be replaced.

  1. 2. Time of Conclusion of the Contract

Unless explicitly regulated otherwise, the contractual partner is bound by an offer he has made for a duration of 90 days. The service contract between Quest-Match e.U. and the contractual partner becomes legally effective as soon as the contractual partner receives written notification from Quest-Match e.U. that Quest-Match e.U. accepts his offer or commissions the contractual partner to provide the service (order letter).


  1. 3. Scope of Services

The scope of the service results from the offer of the contractual partner or the order letter of Quest-Match The contractual partner guarantees the proper and timely provision of services at the offered or specified dates by Quest-Match e.U. The contractual partner guarantees that he has all the powers and qualifications to be able to provide the contractually agreed services and that the services correspond to the contractually stipulated or, in the absence of other stipulations, at least the usual properties. Changes to the contractually agreed services may only be made with the prior written consent of Quest-Match e.U.; changes made independently by the contractual partner will not be remunerated. The contractual partner guarantees that he generally provides the contractually agreed services himself - as long as he has not already named subcontractors in his offer; a subsequent involvement or exchange of subcontractors is only permissible with the prior written consent of Quest-Match and the contractual partner will continuously exchange important information during the contract period; in particular, the contractual partner must inform Quest-Match e.U. immediately and in any case in good time of delays in service provision or interruptions or obstacles or any changes in performance, so that Quest-Match can take appropriate precautions (e.g., orders, replacement measures, etc.). Quest-Match e.U. is entitled to partially or completely cancel the ordered services at very short notice for important reasons not attributable to Quest-Match - these include in particular but not only regulatory requirements (e.g., permit conditions, subsequent regulatory or police orders or comparable cases) or force majeure (e.g., storms, storm warnings, epidemics, terrorist attacks or terrorist warnings or comparable cases) etc.; in this case, the contractual partner is only entitled to the fee for services already provided, but no compensation for damages or claims for lost profit etc.


  1. 4. Copyright

The contractual partner grants Quest-Match a right of use to the services provided to Quest-Match in the course of commissioning or service provision; this includes, in particular, but not exclusively, all usage rights (in all currently known and future types of exploitation, including full editing and sublicensing rights) to concepts he has created and their specific implementation (also in subsequent years), documents, work results such as especially also exhibitors, marketing materials, photos, created graphics, any buildings etc. and the know-how underlying the services of the contractual partner. Quest-Match is therefore entitled to reproduce, distribute, rent and lend, recite and perform, send wirelessly or wired, or make available these services themselves or through third parties and to use any editing to the same extent. Without the prior written consent of Quest-Match e.U., the contractual partner is not entitled to reuse the services provided for Quest-Match themselves or for third parties - whether in unchanged or also changed form. All information, materials, documents etc, which the contractual partner receives from Quest-Match for his service provision or which are used by the contractual partner for the execution of the order, remain the exclusive property of Quest-Match and may only be used by the contractual partner for the fulfillment of the order.


  1. 5. Fee

Cost estimates or offers of the contractual partner are binding; the offered prices are considered maximum prices. If it is foreseeable that due to quantity changes the actual costs will exceed the estimated or offered costs by more than 10%, the contractual partner must immediately inform Quest-Match of the higher costs in advance and obtain the written consent of Quest-Match If ordered services of the contractual partner do not come to execution, the contractual partner is only entitled to the contractually agreed remuneration if Quest-Match is at fault for the non-execution.


  1. 6. Accounting

Unless otherwise agreed, services of the contractual partner may only be invoiced after the service has been provided. For all invoices, the following applies: payable within 30 days net from receipt of the invoice at Quest-Match. The invoicing of the invoice must comply with the guidelines of § 11 UStG. If an invoice is so deficient that Quest-Match can neither check nor correct it or if the services for which the invoice is issued are not yet due, the invoice will be returned to the contractual partner for improvement within 30 days; in this case, the payment period begins to run with the receipt of the corrected invoice at Quest-Match. Any agreed discount or cash discount will be taken into account in all payments.


  1. 7. Liability

The contractual partner is obliged to indemnify Quest-Match completely from damages caused by contractual violations and/or by him or his vicarious agents culpably - even just negligently. In the event of non-timely or improper service provision, Quest-Match e.U. can commission third parties to take replacement measures at the expense of the contractual partner; any warranty and/or claims for damages by Quest-Match e.U. remain unaffected. Quest-Match e.U. is liable to the contractual partner exclusively for damages caused intentionally or grossly negligently; liability for consequential damages and lost profit of the contractual partner is expressly excluded.

Here is the English translation of the General Terms and Conditions of Quest-Match:


  1. 8. Confidentiality / Data Protection / Compliance

The contractual partner is obliged to maintain silence about all matters that become known to him in connection with his activity. The obligation of confidentiality also applies after the end of the contract. Quest-Match processes the personal data provided by the contractual partner (in particular names, company/commercial register numbers, addresses, telephone/fax numbers, e-mail addresses, bank details, dates of birth, etc.) for the purpose of fulfilling the contractual relationship (Art 6 Para 1 lit b GDPR). If necessary and required, additional data will be processed for fulfillment and on the basis of the contract. The processing of this data is also permissible after the dissolution of the contract, provided this is necessary to safeguard the legitimate interests of Quest-Match - such as enforcing or safeguarding legal claims - or to fulfill a legal obligation. For any further use of the personal data of the contractual partner, which is not used for the purposes of fulfilling the contract, the consent of the contractual partner is required. The contractual partner undertakes to maintain data secrecy and to comply with all data protection regulations, in particular the General Data Protection Regulation (GDPR) and any implementing provisions issued in this regard, and to indemnify and hold Quest-Match harmless in the event of violations. The contractual partner declares that he will not bribe or induce any public officials or similar persons to engage in any illegal behavior or take any other actions that are contrary to the applicable compliance regulations of the City of St. Pölten or Quest-Match.


  1. 9. Applicable Law and Jurisdiction

Austrian law, to the exclusion of the UN Sales Convention and referral norms, shall exclusively apply to the legal relationships between Quest-Match and the contractual partner arising from or in connection with this contractual relationship, including disputes about its validity. The court of jurisdiction for all disputes arising directly or indirectly between Quest-Match and the contractual partner is the court with subject-matter jurisdiction at the seat of Quest-Match in St. Pölten.


Quest-Match e.U. as Contractor

These terms and conditions apply in those cases where Quest-Match is the contractor of services, i.e., provides services for the contractual partner for a fee.


  1. 1. General

Unless expressly regulated differently in the offer of Quest-Match, only these terms and conditions of Quest-Match apply; general terms and conditions of the contractual partner do not apply. All changes or additions to these terms and conditions, as well as other agreements and side agreements in the course of business transactions, require the written form to be effective; this also applies to deviating from this requirement for the written form. The invalidity of individual provisions of these terms and conditions does not affect the validity of the contract as a whole. If a clause of these terms and conditions is or becomes invalid or unenforceable, it will be replaced by a legally permissible, effective, and enforceable clause that comes closest to the economic intention of the provision to be replaced.


  1. 2. Time of Contract Conclusion

Estimates from Quest-Match are non-binding. Unless explicitly regulated otherwise, Quest-Match is bound by an offer it has made for a period of 30 days. The contract between Quest-Match and the contractual partner only comes into effect with acceptance (order confirmation or order letter) by the contractual partner.


  1. 3. Scope of Services

The scope of the contractual services results from the offer of Quest-Match commits to fulfilling the order to the best of its knowledge and belief. Order changes or additional orders on the part of the contractual partner require the prior written consent of Quest-Match . Order changes or additional orders are generally subject to a fee and entitle Quest-Match. - unless another mutual agreement has been made - to charge a reasonable fee. As far as it is necessary, Quest-Match is entitled to change parts of the event sequence or the provision of services on its own authority, as far as this is useful or beneficial for the provision of services. As far as Quest-Match concludes contracts with third parties for the implementation of an event, such a contract is concluded in the name and on behalf of the contractual partner. Required subcontractors are determined by Quest-Match and the contractual partner will continuously exchange important information during the contract period; in particular, the contractual partner has to inform Quest-Match of delays or interruptions or obstacles or any changes in performance immediately and in any case in good time so that Quest-Match can take appropriate precautions (e.g., replanning, etc.). Agreed dates and deadlines can only be met by Quest-Match under the condition of a normal operational process and with the cooperation of the contractual partner. If the provision of services is partially or completely omitted for important reasons not attributable to Quest-Match - these include in particular but not only official requirements (e.g., official requirements, subsequent official or police orders or comparable cases) or force majeure (e.g., storms, storm warnings, epidemics, terrorist attacks or terrorist warnings or comparable cases) etc. - Quest-Match is nevertheless generally entitled to the agreed fee; this less any savings on the part of Quest-Match.


  1. 4. Copyright

Quest-Match remains the sole owner of all rights to the services it provides in the course of commissioning or service provision; this includes, in particular but not exclusively, all copyrights to concepts created by Quest-Match. and its concrete implementation, work results, documents, displays, marketing materials, photos, created graphics, any buildings, etc., as well as the know-how underlying the services of Quest-Match.The services of Quest-Match may only be used for the specific event or the period defined in the commission or the specifically defined purpose. Changes to services or elaborations of Quest-Match by the contractual partner are only permissible with the express prior written consent of Quest-Match. A reuse of the services in the same or similar form, e.g., for the same or similar projects or in subsequent years, is expressly excluded without the express consent of Quest-Match e.U. or after re-commissioning. Quest-Match is entitled to refer to the contractual partner on all information media, products, and other services in whatever form, without the contractual partner being entitled to a fee for this. If services of Quest-Match do not come to execution, all services, ideas, and concepts etc. of Quest-Match - especially their content - nevertheless remain the property of Quest-Match .; the contractual partner is not entitled to use these himself or through third parties. Documents are to be returned to Quest-Match immediately upon request.


  1. 5. Presentations

If Quest-Match does not receive an order after the presentation, all services of Quest-Match , in particular the presentation documents and their content, remain the property of Quest-Match; the customer is not entitled to use these - in whatever form - further; the documents are rather to be returned to Quest-Match immediately. The passing on of presentation documents to third parties as well as their publication, duplication, distribution, or other exploitation is not permitted without the express consent of Quest-Match. Likewise, the customer is prohibited from further using the ideas and concepts introduced during the presentation, regardless of whether the ideas and concepts achieve copyright protection. Only with the payment of a presentation fee defined by Quest-Match does the customer acquire any exploitation and usage rights to the presented services. If the ideas and concepts brought in by Quest-Match during a presentation are not exploited by the customer, Quest-Match is entitled to use the presented ideas and concepts elsewhere.


  1. 6. Fee

Quest-Match is entitled to the fee defined in the cost estimate or offer. All expenses that are not expressly covered by the agreed fee (in particular ancillary services such as travel expenses, cash expenses, etc.) will be invoiced separately. If it is foreseeable that the actual costs will exceed the estimated costs by more than 20%, Quest-Match will immediately inform the contractual partner of the higher costs. The cost overrun is deemed to have been approved by the contractual partner if the contractual partner does not object in writing within 5 working days after this notice and at the same time announces cheaper alternatives. The fee claim of Quest-Match arises for each individual service as soon as it has been provided. Quest-Match is entitled to request advances to cover its expenses. Even for work by Quest-Match that does not come to execution, Quest-Match is generally entitled to the agreed fee (less any savings on the part of Quest-Match), unless Quest-Match is grossly at fault for the non-execution.


  1. 7. Invoicing

Invoices from Quest-Match are due immediately upon receipt and must be paid at the latest within 14 days to the account specified on the invoice. In the event of late payment, Quest-Match is entitled to charge a reasonable reminder fee of € 30.00 and default interest of 8.0% p.a. above the base rate. A set-off against claims of Quest-Match or the exercise of a right of retention is only permissible with undisputed or legally established claims against Quest-Match.


  1. 8. Warranty, Compensation, and Liability

The contractual partner is responsible for checking the legal admissibility of the services proposed and to be carried out by Quest-Match.; the same applies to compliance with all legal regulations for the measures proposed by Quest-Match. The agency always and exclusively acts in an advisory function (consultant). The event organizer’s risk and, in particular, the function as an event organizer vis-à-vis any third parties always lies exclusively with the customer of Quest-Match. – unless explicitly agreed otherwise – and the customer must therefore indemnify and hold Quest-Match harmless immediately and in full in such cases. If a project cannot be implemented or can only be partially implemented due to force majeure, the risk in this regard lies exclusively with the customer. The customer must therefore pay Quest-Match. all costs incurred by suppliers and agency expenses in cases of force majeure. Any liability of Quest-Match in this context is expressly excluded. Any complaints must be brought to the attention of Quest-Match in writing within 5 working days after the service has been provided by Quest-Match and justified. In the case of justified and timely complaints, the contractual partner is generally only entitled to improvement of the service by Quest-Match is only liable for damages caused by subcontractors for a selection fault. Otherwise, Quest-Match is only liable for those damages that can be proven to be due to intentional or grossly negligent breach of contract and duty by Quest-Match; the injured party must prove the existence of gross negligence. Liability for consequential damages and lost profits of the contractual partner is expressly excluded. All claims for damages are limited in amount to the agreed fee. If a project cannot be implemented or can only be partially implemented due to force majeure, the risk in this regard lies exclusively with the customer. The customer must therefore pay the agency all costs incurred by suppliers and agency expenses in cases of force majeure. The agency cannot guarantee any legal certainty with regard to permissions to be obtained within the framework of the event (official decrees) and can only support the customer in an advisory function here. If one or more permits cannot actually be obtained and/or the event or parts thereof cannot actually be carried out for reasons that the agency cannot influence, the agency’s claims against the customer remain in full and are only reduced by those items that no longer arise.


  1. 9. Confidentiality / Data Protection / Compliance

The contractual partner is obliged to maintain silence about all matters that become known to them in connection with their activity for the contractual partner. The obligation of confidentiality also applies after the end of the contract. Quest-Match processes the personal data provided by the contractual partner (in particular names, company/commercial register numbers, addresses, telephone/fax numbers, e-mail addresses, bank details, dates of birth, etc.) for the purpose of fulfilling the contractual relationship (Art 6 para 1 lit b DSGVO). If necessary and required, additional data will be processed to fulfill and on the basis of the contract. The processing of this data is also permissible after the termination of the contract, provided this is necessary to safeguard the legitimate interests of Quest-Match - such as enforcing or safeguarding legal claims - or to fulfill a legal obligation. For any further use of the personal data of the contractual partner, which is not used for the purposes of fulfilling the contract, the consent of the contractual partner is required. The contractual partner undertakes to maintain data secrecy and to comply with all data protection regulations, in particular the General Data Protection Regulation (GDPR) and any implementing regulations issued in this regard, and to indemnify and hold Quest-Match harmless in the event of violations. The contractual partner declares that he will not bribe or induce any public officials or similar persons to engage in any illegal behavior or take any other actions that are contrary to the applicable compliance regulations of the City of St. Pölten or Quest-Match.


  1. 10. Applicable Law and Jurisdiction

Austrian law exclusively applies to the legal relationships between Quest-Match and the contractual partner arising from or in connection with this contractual relationship, including disputes about its validity, excluding the UN Sales Law and referral norms. The court with substantive jurisdiction at the seat of Quest-Match in St. Pölten is agreed as the place of jurisdiction for all disputes arising directly or indirectly between Quest-Match and the contractual partner.