Terms and Conditions
Our terms and conditions apply equally to both Mosers Büro GmbH and Mosers Politbüro GmbH.
1. Our Agencies
1. 1. Mosers Büro GmbH is a company specializing in Media and Communications Consulting based in Vienna.
1. 2. Mosers Politbüro GmbH is a company specializing in Political and PR Consulting based in Vienna.
1. 3. We offer different consulting services for your professional communication and coach you for your public appearance. Our qualified consultants and coaches guarantee sound support. We operate nationally and internationally.
2. Conclusion of Contract and our Occupation
2. 1. Mosers Büro GmbH / Mosers Politbüro GmbH will operate exclusively on the basis of the following terms and conditions. Any terms and conditions on your part will not be accepted unless otherwise expressly agreed in individual cases and in writing. Besides, basis for concluding a contract and our occupation is our respective offer or your respective order, in which the scope of services and remuneration are recorded. Our offers are always non-binding. If you place an order with us, you are bound to it - two weeks from receipt by us. Acceptance may be in writing or verbally - including by implication (for example by commencement of our occupation).
2. 2. If you arrange an advisory service with us, we initially and mutually determine in particular its content as well as its time or duration. The following isto be noted:
2. 2. 1. You will provide us on time with complete access to all essential information and documents. You will inform us of all instances that are important for the execution of the order, as well as changes in the essential circumstances.
2. 2. 2. You are obliged to check all documents made available to us for the performance of the order (electronic files, photographs, etc.) for any rights of third parties. You assume liability for the violation of such rights.
2. 2. 3. Terms of delivery or service specified by us shall apply (unless otherwise agreed in individual cases) as basic reference dates. Fixed dates have to be recorded in writing.
2. 3. If you arrange an appointment for coaching / workshop / seminar with us, the following must be observed in particular:
2. 3. 1. Cancellations after conclusion of the contract can only be made in writing. The cancellation fee is inpercentage ratio to the participation fee and depends on the date of the declaration of withdrawal. Up to the 30th calendar day before the agreed date the cancellation rate is 10% of the participation fee. From the 29th to the 20th calendar day before the start of participation, 25% of the participation fee will be charged, from the 19th to the 6th calendar day 50% of the participation fee will become due. If you withdraw from the contract within 5 calendar days before the start, you have to pay the entire participation fee. The cancellation fee is waived if the participant nominates a replacement who keeps the appointment and pays the participation fee.
2. 3. 2. In the event of a missed appointment due to illness of the coach or other unforeseen events, we first agree on a replacement appointment. If a coaching / workshop / seminar has to be canceled again unexpectedly for above mentioned reasons, there will be a refund of all already paid participant fees without deduction. The transfer is made to an account announced by the participant in writing.
3. External Services / Commissioning of third parties
3. 1. Mosers Büro GmbH / Mosers Politbüro GmbH is entitled at its own discretion to carry out the commissioned services itself or - whether in whole or partly - use third parties as vicarious agents in the performance of the services provided. Mosers Büro GmbH / Mosers Politbüro GmbH will carefully select the appropriate third parties and ensure that they have the necessary qualifications. We will inform you about their assignment.
3. 2. The commissioning of third parties takes place either on account of Mosers Büro GmbH / Mosers Politbüro GmbH or on your account. In the former case, the invoice will be passed on to you immediately by Mosers Büro GmbH / Mosers Politbüro GmbH; insofar Mosers Büro GmbH / Mosers Politbüro GmbH is also entitled to demand an advance payment from you.
4. Our Fees
4. 1. We agree on a fee for our services when issuing or accepting your order. Depending on the case, this can be a lump sum or a time-dependent fee. It shall be understood that our fee is a net fee plus VAT and possible cash expenditures. Our quotes are always non-binding.
4. 2. Our fee is due within 14 days after accounting, but no later than upon termination of our occupation for you. Cash discounts cannot be deducted. In the event of late payment, we are entitled to charge default interest of nine percent per annum. Reminder fees are, to the extent that they are necessary for the appropriate legal action, at your expense; the amount is determined by the rates of the regulation of collection fees. Should our performance be omitted due to a circumstance for which you are responsible, we shall nevertheless be entitled to demand our fee.
4. 3. All services that are not expressly compensated by the agreed fee will be remunerated separately.
4.4. You are not entitled to set off your own claims against claims of Mosers Büro GmbH / Mosers Politbüro GmbH, unless your claims are recognized in writing by us or were determined by a court.
5. Exploitation Rights
5. 1. We reserve ourselves all exploitation rights to any concepts, drafts, slogans, manuscripts, video and / or audio material etc. drafted by us. Unless otherwise agreed, you are in particular not entitled to publish, reproduce, distribute, send, hold retrievable, edit and / or use our services in any other form. Our documents are also confidential and are intended for internal use only; therefore, transfer to third parties by you is prohibited.
5. 2. If we agree to a transfer of exploitation rights of our output and / or works, you will acquire the right to use our services by paying our fee only for the agreed purpose in the context of anexploitation authorization. Unless otherwise agreed, you may only use our services yourself, and therefore not make them available to third parties.
5. 3. Changes or processing of our services - in particular further developments - are only permitted with our prior, explicit, and written consent. For uses and services that go beyond the originally agreed scope, our explicit and written consent is also required. In all these cases, we are each entitled to a separate fee.
5. 4. The acquisition of exploitation rights requires full payment of all invoices provided by the agency. Until payment is made a grant is only given on revocation at any time. In case of doubt, the customer acquires only a simple exploitation right for the purpose of use announced at the time the order was placed.
6. 1. A liability of our company for slight negligence is generally excluded; our liability is limited to gross negligence or intent and to a total of EUR 70.000,- per claim. Any claims for damages must be asserted within six months after becoming aware of the damage and the tortfeasor, but no later than three years after the occurrence of the damage.
6. 2. Ordering of third parties and Disclaimer in this case:
Mosers Büro GmbH / Mosers Politbüro GmbH has the right to have parts of its services provided by subcontractors to be selected,
authorized, and qualified by it (see para. 3). Mosers Büro GmbH / Mosers Politbüro GmbH must in principle notify the client of
such entrustment. With regard to the assertion of rights and claims arising from the defective or otherwise unconstitutional
nature of partial performances or services provided by subcontracting, you and Mosers Büro GmbH / Mosers Politbüro GmbH agree
to an assignment of all (design) rights, which Mosers Büro GmbH / Mosers Politbüro GmbH holds toward their subcontractors, to
you as contracting party. To enforce the (design) rights you have to address the (sub-) entrepreneurs, who are responsible for
the deficient or unconstitutional condition and assigned to you by the Mosers Büro GmbH / Mosers Politbüro GmbH.
In this sense, we mutually agree on an exclusion of assertions of all claims – whether fault-based or regardless of culpability - due to defectiveness or consequent detriments by responsibility of a subcontractor towards Mosers Büro GmbH / Mosers Politbüro GmbH.
7. Confidentiality / Privacy
7. 1. All personal information and / or data of our customers are kept strictly confidential. Your data will not be passed on to third parties and serves Mosers Büro GmbH / Mosers Politbüro GmbH exclusively for internal purposes. We preserve a strict secrecy. However, if we, our employees, or third parties commissioned by us, are obliged to testify in an official or arbitration proceeding as a witness or person providing information, we are released from this confidentiality obligation. Statutory obligations on information or reporting are fully met.
7. 2. You agree on receiving information about us and our activities - including via E-Mail; otherwise we ask you for a short message.
7. 3. You expressly agree that Mosers Büro GmbH / Mosers Politbüro GmbH by default determines, stores and processes the data you have provided for the purposes of contract fulfillment and support as well as for your own advertising purposes.
8. Note in terms of the General Equal Treatment Act
For ease of reading, the terms used, notations and functional titles are usually given in a gender-specific formulation.
9. Choice of Law and Jurisdiction
For all legal disputes in connection with our activities for you and / or on the occasion of their termination, it is agreed on the jurisdiction of the Vienna Commercial Court in court matters and the District Court of Commercial Affairs in district court matters. Austrian law applies (excluding rules of conflict of laws).