General terms and condition

InvitePro GmbH FN 442338y Hauptstraße 131, 8141 Unterpremstätten-­Zettling („InvitePro“)

1. Ambit

a) The general terms and conditions apply to all services and deliveries, including those of digital content (subsequently called “services”) by InvitePro in the form set at the time of contract closing. With the closing of a contract the affiliate (subsequently called “customer”) accepts these terms and conditions. They apply independently of manner and form of contract closing.

b) There are no verbal side-agreements to written contracts. Amendments or side-agreements need to be in written form and confirmed by a person authorized to represent InvitePro and registered in the commercial register. They apply only to the individual business case. All other employees of InvitePro are not authorized to arrange changes or side-agreements to these general terms and conditions.

c) Contractual terms as well as general terms and conditions of the customer are expressly and entirely objected to.

d) If individual points of these general terms and conditions are void, this does not touch the validity of other terms and their underlying closed contracts. In place of the void term, the parties will agree to a valid term, which will come closest to its intent and purpose.

2. Registration

a) The customer can register for free on the website or a possible succeeding site (“website by InvitePro”), or through the provided application for mobile phones (“app”), with InvitePro.

In course of registering on the website the customer enters his/her e- mail address and chooses a password. With the provided address and the password, or by using the connection provided by the app, he/she can access the interior section of the InvitePro website, and receives his/her own section for personal usage. InvitePro reserves the right to temporarily disable this section for the purpose of maintenance and programming operations or similar tasks.

b) Registration is only permitted for legally competent and adult, individual or juristic persons. The use and enjoyment ensues on one’s own authority. Registration is only possible if all mandatory fields (on the site: marked with a star; in the app: all fields) are filled out.

c) The customer guarantees to having submitted his true identity and only accurate information. InvitePro reserves the right to reject registrations which are not complete or contain obvious false information, and/or to disable the customers account. In this case the customer will hold InvitePro harmless and non-actionable.

d) The customer acknowledges the fact that the internet is not a secure medium for communication and that data, which has been sent via the internet, can be revealed to and/or altered by a third party.

3. Services

a) After complete payment of the membership fee the customer is permitted to create time-limited virtual events in his/her own section on the site of InvitePro ("Pro - Membership"). Membership costs are published on the site and are updated daily. Costs on the day of contract closing are applicable. The purchase of membership will be confirmed by InvitePro.

b) During the runtime of such a created virtual event it is possible to establish a connection between the customers own section and mobile devices on which the app, created by InvitePro and approved for such a connection, is installed. For this, the consent of the mobile device’s user is required. The number of connections is shown in the customers own section on the site and will be transmitted to InvitePro. InvitePro does not receive any information concerning the users or their contacts, but solely the amount of established connections.

For every device which connects with the section of the customer a connection fee accrues, which is posted on the site and updated daily. The fee on the day the connection was established, is applicable. The fee accrues independently of the behavior of the mobile devices user.

c) With the complete payment of the membership fee, the customer is provided the means to establish a connection with other holders of of a "Pro - Membership".

d) The customer is not entitled to recourse the services of InvitePro at a specific point in time after registration and payment of the membership fee. Creation of a virtual events is only possible after the membership fee has been received by InvitePro.

4. Prices

All fees include the legal Austrian turnover tax and exclude all additional services. All costs for access to the services provided by InvitePro as well as phone and online costs are carried by the customer.

5. Warranty

a) All occurring defects are to be reported, without there being adverse legal consequences due to neglect, by the consumer immediately, at the latest within a week of detection, in written form via fax or e-mail.

b) If the customer is an independent contractor according to the UGB, he/she has to contest defects immediately, at the latest eight business days after providing the service, in written form via fax or e-mail, or otherwise lose claims on warranties, compensation for defects or errors concerning the flawlessness of the matter, as well as compensation for consequential defects.

c) Guaranteed features are only those which InvitePro has guaranteed explicitly and in written form. InvitePro reserves the right to change its offers in a technical aspect, which is not considered to be a defect. The customer cannot deduce any claims from these changes and his/her duty of payment remains untouched.

d) InvitePro does not guarantee that its website will be up at any given point in time.

6. Right of withdrawal

a) The customer, who is a user according to the KSchG, can withdraw from long-distance transactions and long-distance contractual declarations without having to provide any reason, within the following deadlines. It suffices if the notice of repudiation of contract is mailed within the deadline. The deadline withdrawals is 14 days and starts with the day of contract closing.

b) If the right to withdraw is exercised according to point 6a, InvitePro has to reinstate the customer’s payments concurrently and to compensate the customer’s serviceable and necessary efforts, and the customer is required to pay a reasonable fee for usage to InvitePro.

7. Damages

a) InvitePro is not liable for property damages or financial loss, irrespective of the legal reason, specifically those which result from default, impossibility of providing services, positive violation of a contractual duty, fault at contract closing, consequential defects, defects or tort of negligence by InvitePro or persons InvitePro has to account for. Regarding contracts with consumers, damages to a person or matters taken over for processing, are excluded from liability. Customers who are independent contractors have to prove an act of negligence or intent.

b) The guaranteed amount payed by InvitePro is limited to the double amount of consideration.

c) InvitePro is not liable, if the customer does not have the necessary technical requirement to use its services or if they get lost due to changes of the technical system of InvitePro (specifically software updates) or due to changes by the customer. This does not relieve the customer of his/her payment liability.

d) Technical malfunction or other damages due to force majeure which result in the shut-down of the InvitePro website, do not entitle the customer to the reclamation of payments – not in part either – and do not relieve him/her from future payments. The right to damages is excluded in such cases.

e) InvitePro is not liable for the accuracy and content of websites which are linked to the website of InvitePro.

8. Terms of payment

a) Maturity:

Bills are due immediately and are to be paid without deduction. Payment is deemed to have occurred when the payment is cashed. This does not apply to customers who pay by bank transaction. Prove of placing the order is sufficient to keep terms.

b) Payment options:

Payment options are immediate transfer and PayPal. Any delay or the infeasibility of a payment are to be borne by the customer.

c) Delay:

If payment by the customer is delayed, InvitePro is liable – without prejudice to other rights – to withhold its services, stop already running services, and to block the user from its website and other applications, until the agreed upon payment is received. After allowing a right to lapse, InvitePro is entitled to rescind the contract and/or to claim damages for breach of contract.

d) Default interest/Charges for delay:

If payment is delayed, InvitePro charges the customer 4% p.a. of the owed amount, beginning with the day of maturity. Independent contractors are charged 9,2% p.a. above the base interest rate of the European Central Bank. Default interest is charged from the first day of delay onwards. Charges of delay are billed from the day of issuing the first notice onwards. If a second notice is issued, all future deliveries require advance payment. If the second notice remains without result, all claims are handed over to a collection agency or lawyer.

In case of a contract violation, the customer is obligated to compensate InvitePro for all costs necessary to pursue its claims. 5,00€ are charged for every notice and the customer is also charged an additional 25,00€ for reserving the matter in the dunning process. In addition to this, the customer has to pay for all expenses concerning the prosecution, concerning the necessary and appropriate expenses of the collection agency up to the current maximum fee for collection agencies, as well as all legal fees according to the Rechtsanwaltstarifgesetz.

Independent contractors are charged the legal blanket amount of 40,00€ to compensate for eventual operating costs of InvitePro; in addition, InvitePro reserves the right for further compensation depending on the circumstances of each individual case.

e) Offsetting:

The customer is not permitted to set-off against InvitePro with open claims, except in the case of InvitePro becoming bankrupt or if the claim is judicially confirmed and acknowledged by InvitePro.

f) Invoice

The invoice you receive upon completion of your payment by email and is also available in your online office to download.

9. Copyright and industrial property rights, nondisclosure

a) The use of texts, pictures, photos, layouts, as well as other images of the homepage, including the source code or parts of it, need explicit previous approval of InvitePro. All of the above mentioned elements remain the intellectual property of InvitePro. Each utilization, especially the transfer, reproduction, publication and providing availability, including even the copying and showing of extracts, requires the explicit previous approval of InvitePro. This applies analogously to a website which replaces the above mentioned or if the above mentioned site receives a new domain name. InvitePro reserves the right to changes, especially concerning functionality and layout.

b) With the providing of services for a computer or mobile device, the customer explicitly does not receive the right to use, decompile, change or distribute any elements, especially the source code, of the application.

c) InvitePro allows its customers the use of its icon and the name InvitePro, as well as all other icons of InvitePro, for the sole purpose of marketing. This permission is conducted to be revoked at any given time. Further, the customer is not permitted to register an InvitePro brand or any other similar brand.

d) With registering, the customers agrees that all rights remain reserved to InvitePro and any use other than the above mentioned needs to be explicitly approved by InvitePro. All image data, texts and graphics ceded to the customer by InvitePro are governed by the copyright and right of use and enjoyment of InvitePro. Any change, sale or the ceding of use to a third party is not permitted and reason for compensation claims.

e) There is explicitly no right to portray the idea, for whatever reason, that there exists a special business relationship which exceeds the use of the website and app or that he/she is an employee or other representative of InvitePro.

f) The customer agrees to nondisclosure of the information obtained during the time of the business relationship.

10. Data protection

a) Personal data of the customer will be handled according to the legal regulations for data protection. The customer agrees that data, which became known during the course of the business relationship, will be collected, used, saved and processed for accounting purposes by InvitePro as well as internal market research and marketing. The data will be used by InvitePro to fulfill legal regulations, to handle the transactions and for advertising purposes, but will not be passed on to a third party. The data of customers can be deleted, corrected or blocked for advertising and marketing purposes, upon request, at any time.

b) If the customer wishes a permanent removal, correction or blocking for advertising and marketing purposes, of certain data, he/she has to inform InvitePro. InvitePro will comply with the request within 14 days, if this does not concern data about the business relationship between InvitePro and the customer. That information will be saved by InvitePro until all deadlines concerning the warranty, guarantee, statute of limitations and storage are expired, and further on until any legal disputes, for which the data might be evidence, are resolved.

c) The customer explicitly agrees that apps, created by InvitePro and downloaded by him/her to a mobile device, accesses stored contacts and other apps, if this is necessary for the app to function as intended. InvitePro will not store, use or distribute any of these contacts to a third party, or utilize them in any other way. The creator of an event according to point 3a) has only access to the name, nationality and number of connected mobile devices of the user. All other information, especially the phone number and stored contacts are not accessible.

d) With establishing a connection with other "Pro-Membership" clients, the customer agrees that those clients can look at his/her name and nationality and may in turn forward this information to other customers they are connected with. Other information can only be accessed with the explicit consent of the customer which will be obtained automatically before a connection is established. If the customer consents to being contacted by other clients, this will include all conceivable forms of communication.

11. Other matters

a) Deliveries and letters of intent will be sent legally effective to the address given during the ordering process, until a written request for a change of address is received. At contract closing the customer is obligated to state all information, which is requested on the form, completely and correctly. The customer is liable for all damages and costs to IvitePro, which are a result of incorrect, incomplete or unclear information. The customer is obligated to announce a change of name, address or residence immediately an in written form, or he/she will be liable for all damages resulting from a belated announcement. In case of negligence, any written message which has been sent to the last known address of the customer, suffices as a valid delivery.

b) A complete or partial transfer of the rights contained within the contract with InvitePro to a third party needs a written approval by InvitePro.

12. Governing law, place of performance, place of jurisdiction

a) The Austrian legislation, excluding its conflict of law rules, and the UN-CISG (Convention on Contracts for the International Sale of Goods) apply to all legal relationships between InvitePro and its customers.

b) Place of payment and performance for all obligations resulting from this contract, is Unterpremstätten-Zettling.

c) As place of jurisdiction for all disagreements with a third party, which result, directly or indirectly, from the contractual relationship with InvitePro, the court in Graz, which has subject-matter jurisdiction, is agreed upon.

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