GENERAL TERMS & CONDITIONS
1. Terms of Validity
These terms and conditions apply for all arrangements between ncm – net communication management gmbH (as contractor) and the client (as contractive), unless otherwise agreed.
2. Contract Formation – Completion of Contract
A formal contract between ncm and the client only exists, if an offer or respectively a formal contract by the client has been accepted by ncm.
Agreed services and delivery times can only be adhered to by ncm, if the provided information and data has been supplied by the client in time or in the right form or this required involvement and cooperation has taken place.
3. Form of Contract
All agreements and or contracts only apply when they have been given in writing or respectively by fax with an authorized company signature.
4. Fulfillment of Contract & Order
The contents of fulfillment of the contract result from the agreement between ncm and the client, or the added description of services. The client is legally obliged to inform ncm about all circumstances, which are essential for fulfilling the contract.
All required information and data, such as photos, brand images and logos, copy etc. the client has to supply on their own account in the required quantity and quality. Clarification of all required copyrights and terms of use (especially copyright restrictions, identification and competition rights) are exclusively the client’s responsibility.
5. Fees & Payment Terms
The amount of the contract fee results from the agreement between ncm and the client. All agreed fees are applicable without VAT. All extra services such as training sessions, the providing of additional information or material as well as additional costs by ncm are to be agreed separately. All additional costs caused by the client, if they differ from the original agreed man hours and overhead cost, can be charged separately by ncm.
All services by ncm are payable from the date of invoice without deductions. Payment has to be made within 8 calendar days from the date of invoice. On signing the contract 50% of the contract’s value is due.
6. Warranty & Liability
Claims by the client are to be made within an appropriate time frame after delivery of the services by ncm in writing, including relevant proof. Failing that all claims are not applicable.
On a justified claim of the client the alleged failings will be corrected or improved within an appropriate time period, by exchange or improvement.
ncm is only liable for malice or acts of gross negligence. Claims are to be made within 6 months from the knowledge of such damages and are restricted in amount by the contract value. ncm is not liable for costs or mistakes, which resulted through later changes by the client, or actions of the client or third parties that were applied in violation of the contract.
7. Terms of Use and Rights
The client is not entitled to sharing information, further developing the services by ncm or to sharing the received access codes with third parties.
ncm is entitled to include information about ncm or the creator or the holder of rights of use on all advertising methods or advertising activities.
For the realization of presentations the client has to pay an appropriate fee to ncm. If no agreement has been arranged, this fee has to include the entire overhead costs in terms of equipment and personnel of ncm and also has to cover all services used by third parties.
With this fee the client however does not buy the rights for utilization, or rights of use of the presented services. All not realized concepts, design drafts or files, as well as all services by ncm, stay the property of ncm and have to be returned to ncm. A further use or the sharing of the presentation material with third parties, their publication, multiplication or otherwise contribution is prohibited.
All ncm developed ideas and concepts of a presentation, which are not leading to a contract, can be further used by ncm for other purposes.
8. Place of Fulfillment, Governing Law and Place of Jurisdiction
The place of fulfillment for all present as well as future contracts and services between ncm and the client is the company seat of ncm: Salzburg.
For all civil disputes within this contract Austrian Law applies with Salzburg as agreed location of jurisdiction.
