GENERAL TERMS
& CONDITIONS.

General Provisions

1. These General Terms and Conditions apply to all deliveries and services provided by Sock Management Consulting GmbH and its agents.
2. Sock Management Consulting GmbH and its agents provide deliveries and services exclusively on the basis of these General Terms and Conditions.
3. Other terms and conditions, in particular the customer's purchasing conditions, shall not form part of the contract, even if such conditions are not expressly rejected.
4. Any ancillary agreements must be made in writing in order to be effective. Should any of the above provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. In such a case, or in the event of any omissions, the contracting parties shall agree on a provision that comes as close as possible to the purpose of the contract.
5. In the event of non-compliance with these General Terms and Conditions, in particular in the event of late payment by the customer, Sock Management Consulting GmbH shall be entitled to suspend the execution of existing orders in whole or in part until the conditions have been fulfilled, or to cancel the orders.
6. Companies acting as clients agree to be included in our reference list.

Customer Cooperation

1. All questions asked by Sock Management Consulting GmbH concerning matters relating to the customer's company shall be answered as completely, accurately and promptly as possible. Sock Management Consulting GmbH will only ask questions whose answers may be relevant to the project.
2. Results and reports supplied by Sock Management Consulting GmbH shall be accepted by the customer within a period of 10 working days. Any necessary corrections or requests for changes must be communicated to Sock Management Consulting GmbH immediately in writing. If the customer does not respond within this period, the service shall be deemed accepted.

Customer Data Backup

If the tasks undertaken by Sock Management Consulting GmbH involve work on or with the customer's IT equipment, the customer shall ensure that an easily recoverable backup of the data is created in good time before Sock Management Consulting GmbH begins the relevant work.

Prices and Payment Terms

1. All deliveries and services shall be invoiced.
2. The prices stated in the order confirmation shall be decisive for the calculation of the order.
3. Additional services not included in the order confirmation shall be charged separately. Additional expenditure caused by insufficient quality of materials supplied by the client shall also be invoiced separately. Third-party services shall be charged separately by Sock Management Consulting GmbH and passed on to the client.
4. Sock Management Consulting GmbH may have services ordered by the client performed in whole or in part by subcontractors.
5. Unforeseeable changes entitle Sock Management Consulting GmbH to make an appropriate price adjustment.
6. Unless otherwise agreed, all amounts due shall be payable immediately upon receipt of the invoice by bank transfer, net and without deduction.
7. No cash discounts shall be granted.
8. All bank charges as well as, for example, currency fluctuations arising from payments made from abroad shall be borne by the customer.
9. Sock Management Consulting GmbH reserves the right, in individual cases, to provide deliveries and services against advance payment.
10. The customer may only offset claims that are undisputed or have been finally determined by a court.
11. All payments shall generally be credited against the oldest outstanding debt, irrespective of any provisions to the contrary made by the customer. If collection costs and interest have already arisen, payments shall first be credited against costs, then against interest and finally against the principal claim.
12. Partial services may be invoiced separately.
13. A payment shall only be deemed to have been made once the amount due has been credited to the bank account of Sock Management Consulting GmbH.
14. If the customer fails to meet their payment obligations or suspends payments, Sock Management Consulting GmbH shall be entitled to withdraw immediately from delivery or service contracts without special prior notice. In such cases, all claims of Sock Management Consulting GmbH against the customer shall become immediately due and payable in one amount without any further request. The same shall apply if Sock Management Consulting GmbH becomes aware of other circumstances that call the customer's creditworthiness into question. If Sock Management Consulting GmbH nevertheless continues with the contract, it shall be entitled to demand advance payments, bank guarantees or other security at the customer's expense. Sock Management Consulting GmbH shall be entitled to exclude a customer in default from the continued provision of services, even where corresponding contracts have already been concluded. From the date of default, Sock Management Consulting GmbH shall be entitled to charge interest at the rate charged by commercial banks for outstanding current-account credit.
15. The customer shall bear all collection costs and any court and enforcement costs.
16. Sock Management Consulting GmbH shall be entitled to assign its claims.

Offers and Conclusion of Contract

1. Offers made by Sock Management Consulting GmbH are subject to change and non-binding.
2. A contract shall be concluded when Sock Management Consulting GmbH confirms a customer's order in writing by letter, signed email or fax.
3. The same applies to additions, amendments, recalculations or extensions of contracts, which must be confirmed by both parties in writing.
4. In the case of service contracts, unless otherwise agreed, a written confirmation of dates and prices shall constitute a non-binding indicative price and/or indicative date and not a binding commitment, as unforeseen changes to dates and prices may occur.
5. Orders placed with advertising media, hotels, event agencies and outdoor agencies shall be placed by Sock Management Consulting GmbH solely in the name and for the account of the client and on the most favourable available tariff conditions.

Retention of Title

Sock Management Consulting GmbH retains ownership of the services provided to the customer until full payment of all claims arising from this contractual relationship that exist at the time the service is provided or arise subsequently.

Delivery and Performance Times

1. All agreements regarding delivery and performance require written form.
2. Delays in performance due to force majeure or events that make the provision of services by Sock Management Consulting GmbH substantially more difficult or impossible — including operational disruptions, force majeure, strikes, etc., whether occurring within the company or at third parties — may occur for technical reasons. In such cases, the customer may not claim damages for delay or damages for non-performance.
3. If the performance period is extended for reasons for which Sock Management Consulting GmbH is not responsible, the customer may not derive any claims for damages from such extension. Sock Management Consulting GmbH may only rely on the circumstances referred to above if it informs the customer without undue delay. In the event of a delay for which Sock Management Consulting GmbH is responsible, customers shall only have the right to withdraw from the contract, to the exclusion of claims for damages.
4. Where seminars or services have been specifically developed or offered for a customer, requests for changes following a binding registration or order can only be taken into account if Sock Management Consulting GmbH is granted a reasonable period of time to implement them.
5. Sock Management Consulting GmbH shall be entitled to make partial deliveries and provide partial services at any time, unless the customer demonstrates that the partial delivery or partial service is of no interest to them.
6. Cancellation or termination of seminars, coaching or consulting services shall only be effective if received by Sock Management Consulting GmbH in writing no later than four weeks before the stated commencement of the service (date of postmark). Invalid cancellations shall not affect Sock Management Consulting GmbH's entitlement to remuneration.
7. Sock Management Consulting GmbH shall be entitled to change delivery locations at any time as required.

Confidentiality

1. The customer/participant undertakes to treat all information obtained about Sock Management Consulting GmbH in connection with this contractual relationship as confidential for an unlimited period. In addition to internal organisational processes, this applies in particular to all information designated as confidential, information relating to seminar materials, or information otherwise recognisable as trade or business secrets. Unless required for the purpose of the training, no records shall be made and no information shall be communicated to third parties. Disclosure to third parties or any other form of disclosure requires the written consent of Sock Management Consulting GmbH. Statutory data protection provisions must be observed.
2. Sock Management Consulting GmbH is obliged to maintain confidentiality regarding all business secrets of the client that become known during the course of the cooperation. Where third parties are engaged to fulfil an assignment, Sock Management Consulting GmbH shall require them to exercise the same level of care. The duty of confidentiality shall continue beyond the duration of the cooperation.

Third-Party Customer Contact

Companies commissioned by Sock Management Consulting GmbH (recruitment consultants, hotels, online job boards, advertising personnel at newspapers, database programmers, advertising agencies, etc.) are prohibited from contacting clients of Sock Management Consulting GmbH directly.

Warranty and Liability

Unless otherwise agreed in writing in an individual case, Sock Management Consulting GmbH shall not be liable for a specific training result or a specific outcome of its services.

Sock Management Consulting GmbH shall not be liable for damage suffered by participants outside seminar or consulting premises or while travelling to or from such premises.

For damage suffered by participants within seminar or consulting premises, Sock Management Consulting GmbH shall only be liable where Sock Management Consulting GmbH or a natural person acting under its instructions can be held responsible for intent or gross negligence.

Software

1. Sock Management Consulting GmbH shall not be liable for errors in third-party software unless it was aware of such errors at the time of delivery.
2. No warranty is given that software will be suitable for a particular purpose pursued by the customer.

Customer Liability

1. The customer shall be liable for all consequences and disadvantages suffered by Sock Management Consulting GmbH and third parties as a result of the improper or unlawful use of the services of Sock Management Consulting GmbH or as a result of the customer's failure to comply with other obligations.
2. Risk shall pass to the customer as soon as the service has been provided or has left the business premises of Sock Management Consulting GmbH for dispatch. If dispatch becomes impossible through no fault of Sock Management Consulting GmbH, risk shall pass to the customer upon notification that the delivery is ready.

Other Claims for Damages

In respect of claims for damages arising from breach of contractual obligations, tort, organisational fault, fault in the conclusion of the contract or loss of earnings, Sock Management Consulting GmbH shall only be liable where Sock Management Consulting GmbH or its agents are responsible for intent or gross negligence.

Applicable Law

1. Austrian law is expressly agreed as the governing law for these General Terms and Conditions and for the entire business relationship between Sock Management Consulting GmbH and the customer.
2. Other national laws as well as uniform international sales law (EKS, EKAG, each dated 17 July 1973) are excluded.
3. If the customer is a registered merchant within the meaning of the Austrian Commercial Code, a legal entity under public law or a special fund under public law, Vienna shall be agreed as the place of jurisdiction.
4. Should any provision of these Terms and Conditions or any other provision within the framework of other agreements be legally invalid or incomplete, the statutory provision that most closely corresponds to it shall apply instead. The validity of all other provisions or agreements shall remain unaffected.