General Terms and Conditions

Preamble

The company Ski Mobil will hereinafter be referred to as SMC.

These "General Terms and Conditions" form an integral part of service contracts and offers whose subject matter is the professional consulting of clients by SMC within the framework of generally recognised professional principles.

(2) In the event that individual provisions of these GTC become invalid, this shall not affect the validity of the remaining provisions.

(3) SMC is entitled to have the consulting assignment carried out by qualified employees or commercial/freelance cooperation partners.

(4) The client (AG) ensures that SMC is provided with all documents necessary for the fulfilment and execution of the consulting assignment in a timely manner, even without a specific request, and that SMC is informed of all processes and circumstances that are relevant to the execution of the assignment. This also applies to all documents, processes and circumstances that only become known during the consultants' work.

(5) The relationship of trust between the client and SMC requires that SMC is comprehensively informed about previously conducted and/or ongoing consulting activities.

§ 1 Scope of Application

These GTC apply upon order confirmation by the client.

§ 2 Scope of the Consulting Assignment

The scope of the consulting assignment is agreed upon by means of offer and acceptance.

§ 3 Safeguarding Independence

(1) The contracting parties mutually undertake to take all precautions that are suitable to prevent threats to the independence of SMC's cooperation partners and employees.

§ 4 Protection of SMC's Intellectual Property / Copyright / Use

(1) The client is obliged to ensure that the offers, reports, analyses, expert opinions, service descriptions, drafts, calculations, drawings, data carriers and the like created in the course of the consulting assignment by Audit Services GmbH Wirtschaftsprüfung, its employees and cooperation partners are used exclusively for the purposes of the assignment. In particular, the paid and unpaid passing on of professional statements of any kind by SMC to third parties requires their written consent. No liability of SMC towards the third party is established.

(2) The use of SMC's professional statements for advertising purposes by the client is not permitted. A violation entitles SMC to terminate all orders not yet carried out without notice.

(3) SMC retains copyright in its services.

(4) With regard to the fact that the consulting services created are the intellectual property of SMC, the right of use thereof, even after payment of the fee, applies exclusively for the client's own purposes and only to the extent specified in the contract. Any subsequent transfer, including in the course of a dissolution of the company or insolvency, as well as short-term transfer for reproduction purposes, will result in claims for damages.

§ 5 Defect Remedy and Warranty

The statutory provisions apply.

§ 6 Liability

(1) SMC and its employees act in accordance with generally recognised principles of professional practice when providing consulting services. SMC assumes no liability for the timeliness, accuracy, completeness or quality of the information provided by the client and the expert opinions, analyses, reports etc. based thereon.

§ 7 Obligation of Confidentiality

(1) SMC and its employees undertake to maintain confidentiality regarding all matters that come to their knowledge in connection with their activities for the client.

(2) SMC may only hand over reports, expert opinions and other written statements about the results of its activities with the consent of the client.

(3) SMC is authorised to process personal data entrusted to it within the scope of the purposes of the consulting assignment or to have it processed by third parties. SMC guarantees data secrecy in accordance with the provisions of the Data Protection Act.

§ 8 Fee Entitlement

(1) As consideration for providing its consulting services, SMC is entitled to payment of an appropriate fee by the client.

(2) If the execution of the assignment is prevented after acceptance of the offer by the client (e.g. due to termination), SMC is nevertheless entitled to the agreed fee.

(3) If the execution of the assignment is omitted due to circumstances that constitute an important reason on the part of SMC, it is only entitled to that part of the fee corresponding to its previous services. This applies in particular if, despite termination for the client, its previous services are usable.

(4) SMC may make the completion of its service dependent on full satisfaction of its fee claims. Objections to SMC's work entitle, except in cases of obvious defects, no right to withhold the remuneration due to it.

§ 9 Applicable Law, Place of Performance, Jurisdiction

(1) Only Austrian law applies to the assignment, its execution and the resulting claims, unless otherwise agreed.

(2) The place of performance is the location of SMC's central office.

(3) The court having jurisdiction over SMC's central office is responsible for disputes.