1. SCOPE OF APPLICATION
(1) The following General Terms and Conditions (hereinafter also referred to as “GTC” or “Terms and Conditions”) are an integral part of every contract between Impact Hub Education gGmbH, FN 625561 v, Lindengasse 56/18-19, 1070 Vienna Austria (hereinafter also referred to as “EDUCATION LAB”) and each of its contractual partners (hereinafter also referred to as “Contractual Partner” or “Member”). To the extent permitted by law, they also apply to third parties who are invited by the Member to the premises of EDUCATION LAB and who use the premises and services provided by EDUCATION LAB. In this case, the Member shall be liable to the EDUCATION LAB for the actions of the third party as if they were their own.
(2) The EDUCATION LAB provides its services exclusively on the basis of these GTC. These shall apply to all legal relationships between EDUCATION LAB and the contractual partners, even if no express reference is made to them. Other agreements, deviations and additions require the express written consent of EDUCATION LAB in advance. The version valid at the time of conclusion of the contract shall be authoritative.
(3) Any terms and conditions of business of contractual partners shall not be accepted, even if known, unless expressly agreed otherwise in writing in individual cases. The EDUCATION LAB expressly objects to the GTC of contractual partners. No further objection by EDUCATION LAB to the GTC of contractual partners is required.
2. CONTRACT
(1) A contract between the EDUCATION LAB and the respective contractual partner shall only be concluded if either (i) a contract offer made in writing by the EDUCATION LAB is accepted in writing by the respective contractual partner by signing it or (ii) a contract offer published on the EDUCATION LAB website at https://www.edlab.at contract offer that can be called up is signed in writing by the contractual partner and countersigned by the EDUCATION LAB or (iii) after the contractual partner has completed a contract offer via the EDUCATION LAB website, the EDUCATION LAB accepts this contract offer in writing. In any case, the decisive point in time for the conclusion of the contract is the receipt by EDUCATION LAB of the contract offer signed by both parties.
(2) The scope of the services to be provided by the EDUCATION LAB is set out in the respective contractual offer and any service description contained therein. Subsequent changes to the service content require written confirmation by EDUCATION LAB.
(3) All rates are inclusive of VAT (if applicable). EDUCATION LAB reserves the right to amend the service description at any time by giving one month’s written notice to the contractual partner. In the event that the contractual partner does not expressly object to the amended service description in writing within one month, the amended service description shall be deemed to have been agreed between the parties. In the event of an objection, the previous service description shall continue to apply.
3. RIGHTS / DUTIES OF THE MEMBER
(1) The workstation provided by EDUCATION LAB may only be used by the contractual partner for work purposes. The member’s personal or company name shall be included in the EDUCATION LAB network. The member is entitled to use the EDUCATION LAB address as a correspondence and business address in accordance with the respective service description (additional fees may apply).
(2) The member must use the resources provided as sparingly as possible. Any change to the workstation provided or its equipment and other equipment of EDUCATION LABS by the member requires the prior written consent of EDUCATION LABS.
(3) The Member shall not be entitled to the provision of a specific workplace or the exclusive or non-exclusive use of specific premises, unless otherwise agreed in writing in the individual contract. The parties expressly state and acknowledge that this agreement does not constitute or intend to constitute a lease of space; the relevant provisions of tenancy law shall therefore not apply.
(4) All keys and other access devices are the property of EDUCATION LABS. The member is not authorized to have duplicates made or to transfer keys to third parties. In the event of the loss of keys, the member must inform EDUCATION LAB immediately. The Member shall be liable for all expenses incurred as a result of the theft, loss or replacement of keys.
(5) When leaving the workplace, the member must leave it in a tidy condition and, in particular, remove all items brought in. If the member is the last person to leave the EDUCATION LABS premises, they must ensure that all doors are properly locked, all windows are closed and all lights and other electronic devices are switched off. The member undertakes to observe and comply with the “House Rules” as attached.
(6) Furthermore, the member undertakes to refrain from doing anything that impairs the use of the EDUCATION LAB by other members or causes damage to other members, the EDUCATION LAB, the rental space or the building, leads to nuisance of any kind to other tenants (for example through noise or smoke), or leads to an increase in insurance premiums.
(7) The member must use electricity and water sparingly. The use of electronic devices, with the exception of standard office equipment, requires the prior written consent of the EDUCATION LAB. The Member shall be responsible for insuring its own property, its employees and the persons it invites to the EDUCATION LAB.
(8) The member is obliged to protect his/her personal passwords and login IDs from access by third parties. Education lab accepts no liability for the misuse of such passwords or identifiers.
(9) Each contractual partner is prohibited from infringing the rights of third parties, in particular intellectual property rights, or otherwise impairing third parties. The contractual partner shall fully indemnify and hold EDUCATION LABS harmless in the event of an infringement. The misuse or performance of unlawful acts, such as the use of unauthorized or unfair advertising or illegal software (pirated copies) is prohibited. In particular, the contractual partner is also prohibited from making false or misleading statements about the EDUCATION LAB products or the member or partner system.
(10) All advertising, training and film materials as well as software from EDUCATION LAB are protected by copyright. They may not be reproduced or distributed in whole or in part without the prior express consent of EDUCATION LAB. The use of EDUCATION LAB trademarks is also only permitted within the contractual framework and beyond that only with the express consent of EDUCATION LAB. For example, contractual partners may not create, register, use or publish their own material, websites, domains or advertisements that bear or include the name “EDUCATION LAB “, the EDUCATION LAB logo or any other EDUCATION LAB trademark without prior express written consent. Silence does not constitute consent by EDUCATION LAB. The contractual partners recognize the exclusive copyright as well as the trademarks and other intellectual property rights associated with the EDUCATION LAB.
4. INDEMNIFICATION, EXEMPTION FROM LIABILITY
(1) The member shall be liable to the EDUCATION LAB for all damage caused by him/herself, his/her employees or third parties invited by him/her to the EDUCATION LAB. Should the EDUCATION LAB be called upon by third parties to compensate for damage caused by the member, its employees or third parties invited by the member, the member shall be obliged to compensate the EDUCATION LAB for this damage in full without delay.
(2) In the event of a first breach of the obligations of the contractual partner regulated in the respective contract, including these GTC, in particular § 3, EDUCATION LAB shall issue a written warning, setting a deadline of 10 days to remedy the breach of duty. In the event of particularly serious breaches or imminent danger, this period may be shortened accordingly.
(3) If the same or a similar breach occurs again after the expiry of the period referred to in paragraph (2) or if the breach originally warned is not remedied, a contractual penalty in the amount of 6 months’ basic fees (§ 7) shall be imposed immediately and, in the event of a dispute, shall be subject to review by the competent court at EDUCATION LAB’s registered office. For the assertion of the contractual penalty, additional legal fees shall also be incurred, which the EDUCATION LAB contractual partner is obliged to reimburse.
(4) The contractual partner shall also be liable to the EDUCATION LAB, irrespective of the contractual penalty imposed, for all damages incurred by the EDUCATION LAB as a result of a breach of duty in accordance with these GTC, individual contractual agreements or the law, in particular for loss of profit and consequential damages.
(5) The contractual partner shall indemnify the EDUCATION LAB from liability in the event of a claim due to a breach of one of the obligations regulated in § 3 or any other breach of applicable law by the contractual partner at the first request of the EDUCATION LAB. In particular, the EDUCATION LAB contractual partner undertakes in this respect to assume all costs, in particular legal fees, court costs and compensation costs incurred by the EDUCATION LAB in this connection. Insofar as the conclusion of this contract is a consumer transaction, this applies to costs up to a maximum amount of € 5,000, which will be communicated to the contractual partner in advance.
5. SET-OFF AND PROHIBITION OF ASSIGNMENT
(1) EDUCATION LAB is entitled to assert a right of retention within the framework of the statutory provisions.
(2) The contractual partner shall not be entitled to offset claims to which it is entitled against EDUCATION LAB, in whole or in part, against claims of EDUCATION LAB.
(3) Furthermore, the contractual partner is not entitled to assign or transfer rights and obligations arising from this agreement to third parties in whole or in part without the prior written consent of EDUCATION LAB.
6. DURATION AND TERMINATION OF THE CONTRACT AND CONSEQUENCES OF TERMINATION
(1) Unless otherwise agreed in writing, the contract is concluded for an indefinite period. Ordinary notice of termination by one party must be given by the 7th of a month at the latest for the following month (e.g. if a member terminates his/her membership on February 7, this termination shall take effect on March 1). Notice of termination by EDUCATION LAB shall be given to the member in writing. This termination also includes any personalized partner sites or desired domains.
(2) The contract shall end automatically upon the death of the contractual partner or if EDUCATION LAB is permanently prevented from providing the services under the contract through no fault of its own.
(3) The contract may be terminated by EDUCATION LAB at any time without notice for good cause. An important reason is in particular, but not exclusively, if:
The right to extraordinary termination is without prejudice to further claims.
(4) A member who has terminated his contract himself or has been terminated on the basis of the requirement in paragraph (3) may only be readmitted as a member if he submits a new application.
7. PAYMENT MODALITIES
(1) The basic fee stated in the individual contract or the respective service description shall be paid monthly in advance. Additional services will be charged monthly in arrears.
(2) All amounts under this contract are due for payment within 7 days of receipt of the respective invoice. If an outstanding invoice is not paid within the 7-day period, the member will receive an automatic payment reminder. A reminder fee of € 10 per reminder will be charged. In addition, EDUCATION LAB is entitled to suspend all further services until the outstanding amount has been paid in full.
(3) If no full payment is made within a period of 5 further days after the reminder in accordance with paragraph (2), the contractual partner is obliged to reimburse EDUCATION LAB for the reminder and collection costs incurred, insofar as they are necessary or useful for appropriate legal action. In any case, this includes the costs of a reminder letter from a lawyer commissioned with the collection in the tariff amount (but at least € 50 per reminder letter) as well as the costs of any legal enforcement. If the contractual partner is in default of payment, the statutory default interest shall apply in the amount applicable to business transactions. The assertion of further rights and claims shall remain unaffected.
(4) In the event of default of payment by the contractual partner, EDUCATION LAB may demand immediate payment of all services and partial services provided under other contracts concluded with the contractual partner. Furthermore, EDUCATION LAB is not obliged to provide further services until the outstanding amount has been paid (right of retention).
(5) If payment in installments has been agreed, EDUCATION LAB reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or ancillary claims are not paid on time (loss of deadline).
8. EXCLUSION OF LIABILITY
(1) The EDUCATION LAB shall only be liable for damages other than those resulting from injury to life, limb and health, insofar as this is legally permissible, if these are based on intentional or grossly negligent actions by the EDUCATION LAB, its legal representatives or other employees or other assistants. Any further liability for damages is completely excluded. In particular, the EDUCATION LAB is not liable to the member for loss of profit or income, the loss of data, documents or files, for third-party claims, indirect or consequential damages, or for consequential harm caused by a defect.
(2) To the extent permitted by law, liability shall in any case be limited to damages typically foreseeable at the time of conclusion of the contract and to the amount of average damages typical for the contract, but in any case to a maximum amount of three times the monthly fee to be paid by the member.
(3) The EDUCATION LAB accepts no responsibility for the security and data security of its network (or the connection to the Internet). In this respect, the member is responsible for ensuring the appropriate data security of his/her computer and Internet connection. Furthermore, EDUCATION LAB accepts no responsibility for ensuring that the network and Internet capacity is sufficient or available at all times without interruption.
(4) The provisions of the Product Liability Act remain unaffected.
9. DATA PROTECTION
(1) EDUCATION LAB shall use the data provided by the contractual partner (title, name, address, e-mail address, telephone number, fax number, bank details) in accordance with the provisions of Austrian data protection law.
(2) The contractual partner agrees that his personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the contractual partner, telephone number, fax number, e-mail address, bank details, credit card details, VAT number for the purpose of contract fulfillment and support of the contractual partner as well as for EDUCATION LAB’s own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or previous business relationship with the contractual partner (reference). The contractual partner agrees that electronic mail may be sent to him for advertising purposes until revoked. This consent can be revoked at any time in writing by e-mail, fax or letter to the contact details listed at the top of the GTC.
(3) The contractual partner agrees to the Privacy Policy as published on the EDUCATION LAB website. This explains how personal data is collected and used.
10. CONFIDENTIALITY
(1) The parties shall treat all personal, business, financial and other confidential information of the other party that comes to their knowledge in the course of the contractual relationship as strictly confidential and shall not disclose it to third parties unless (i) they are obliged to do so due to mandatory statutory provisions or (ii) a legally binding court or administrative order or (ii) the corresponding information is already publicly known.
11. FINAL PROVISIONS
(1) The EDUCATION LAB is entitled to amend these General Terms and Conditions and all documents at any time. The EDUCATION LAB shall announce changes with a reasonable period of notice. The EDUCATION LAB contractual partner has the right to object to the amendment. If it does not object to the amended terms and conditions within one month of notification, these shall become part of the contract. In the event of an objection, EDUCATION LAB shall be entitled to terminate the contract at the time at which the amended or supplementary terms and conditions are to come into force.
(2) Otherwise, amendments or additions to these terms and conditions and the contract must be made in writing. This also applies to the waiver of the written form requirement.
(3) If a clause of these General Terms and Conditions is ineffective or incomplete, the entire contract shall not be ineffective. Rather, the ineffective clause shall be replaced by a clause that is effective and comes closest to the economic purpose of the ineffective clause. The same shall apply when closing a loophole that requires regulation.
(4) Insofar as these GTC or the respective individual contract refer to natural persons only in the masculine form, they refer to women and men in the same way. When applying the term to certain natural persons, the respective gender-specific form shall be used.
12. APPLICABLE LAW / PLACE OF JURISDICTION
(2) The law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the contractual partner has its habitual residence shall remain unaffected.
(3) The place of performance shall be the registered office of EDUCATION LABS. For any legal disputes arising from the legal relationship between EDUCATION LAB and the contractual partner, the parties agree on the exclusive jurisdiction of the competent court at the registered office of EDUCATION LAB. Notwithstanding this, EDUCATION LAB is entitled to sue the contractual partner at its general place of jurisdiction.
English Translation
The English translation of the terms and conditions is solely for your reference. The German version is legally binding.
1. APPLICABILITY
(1) The following terms and conditions (henceforth referred to as “T&Cs” or “Terms and Conditions”) are part of any contract between Impact Hub Education gGmbH, FN 625561 v, Lindengasse 56 / 18-19, 1070 Vienna Austria (henceforth “EDUCATION LAB”) and each of its contractual partners (henceforth referred to as “contract holder” or “member(s)”). They apply to the extent permitted by law, and for third parties, invited by a member onto the premises of the EDUCATION LAB and for those who use the facilities and services provided by the EDUCATION LAB. The Member is responsible for their own actions, and the actions of third parties that affect EDUCATION LAB.
(2) EDUCATION LAB provides services exclusively based on these terms and conditions. These apply to all legal relationships between EDUCATION LAB and contract holders, even if no specific reference is made to them. Any other agreements, deviations or additions require the express written consent of EDUCATION LAB. The most recent terms and conditions are applicable at the time of the contract signing.
(3) Any terms and conditions of the contract holder, even when known to EDUCATION LAB, will not be accepted, except in individual cases, which require explicit, written agreement. The conditions of EDUCATION LAB have explicit validity over contract holders. EDUCATION LAB need not make a further objection to the terms and conditions of contract holder.
2. CONTRACT
(1) A contract between the EDUCATION LAB and the respective contract holder is only realized either through (i) an EDUCATION LAB contract offer in written form from the respective contract holder, which is accepted in writing and signed or (ii) a contract offer created on the website of EDUCATION LAB from https://www.edlab.at/ which is produced by the contract holder and co-signed by EDUCATION LAB or (iii) filling out a contract offer by the contract holder from the website of EDUCATION LAB, EDUCATION LAB requires a contract offer in writing. The relevant date for the start of the contract is always signed and agreed by both parties in the contract offer completed at EDUCATION LAB.
(2) The coverage of services provided by EDUCATION LAB is compiled from the relevant contract’s statement of intent and the service conditions. Subsequent changes to the service content require written confirmation from EDUCATION LAB.
(3) All rates quoted are inclusive of VAT (if applicable). EDUCATION LAB reserves the right to change the specifications at any time by giving a notice period of one month to the contract holder in writing. In the event that the other party does not explicitly object in writing within one month of the revised terms of reference, the revised terms of reference between the parties is agreed. In case of objection, the original specifications will continue.
3. RIGHTS / OBLIGATIONS OF MEMBERS
(1) The workspace made available by EDUCATION LAB may be used by the contract holder for work purposes only. The personal or company name of the member will be added to the EDUCATION LAB network. The member is entitled to use the EDUCATION LAB geographical address for correspondence and as a business address in accordance with the respective specifications (additional fees may apply).
(2) The member is to use the resources provided as sustainably as possible. Any changes to the workstations or equipment and other facilities, provided by EDUCATION LAB, made by the Member require the prior written consent of EDUCATION LAB.
(3) The member is not entitled to the provision of a specific job or the exclusive or non-exclusive use of certain premises, unless any other agreements are agreed in writing in the specific contract. The parties take due note that no room rental is made, under this agreement or is intended; the relevant tenancy rules therefore do not apply.
(4) All keys and other access devices are the property of EDUCATION LAB. The member is not authorized to make duplicates or make keys for third parties. In case of loss of keys, the Member must inform the EDUCATION LAB immediately. The Member is responsible for all expenses that are incurred as a result of theft, loss or replacement of keys.
(5) When leaving the workspace, the member must leave it in a neat tidy condition and in particular they must remove any objects, which they have brought in to the workspace. The member who leaves the EDUCATION LAB premises last must ensure that all doors properly locked, all windows closed and all lights and all other electronic devices are switched off. The Member agrees to observe and comply with the “House Rules”, which can be found in the appendices to this document, and the most current version is available at https://www.edlab.at/
(6) The Member also undertakes the responsibility to refrain from activities and all uses of the EDUCATION LAB space that would negatively affect other members or other members’ use of the workspace, the EDUCATION LAB, the rental space or the building through damage, harassment of other tenants, (for example, through noise or smoke), or to increase insurance premiums.
(7) The member has to use electricity and water as sustainably as possible. The use of electronic devices with the exception of standard office equipment requires the prior written consent of EDUCATION LAB. The member is solely responsible for the insurance of his property, his personnel and any guests invited by him or her into the EDUCATION LAB.
(8) The member is obliged to protect his personal passwords and login codes against third party access. EDUCATION LAB accepts no liability for the misuse of such passwords or IDs.
(9) Each contract holder is prohibited from violating the rights of third parties, including intellectual property rights, or otherwise affecting third parties. The contract holder is fully responsible for any compensation due as a result of any breach at EDUCATION LAB. Misuse or unlawful behaviour such as the unauthorized and unfair advertising or illegal software (piracy) is prohibited. The contractual partner is expressly forbidden from giving false or misleading information about EDUCATION LAB products or the Member or partner system.
(10) Any advertising material, training and film materials and software of EDUCATION LAB are copyrighted. They may not be reproduced or disseminated in whole or in part without the express prior consent of EDUCATION LAB. The use of the trademarks of EDUCATION LAB is permitted only in the contractual framework and beyond this, requires explicit consent. As a result, the contract holder must not create separate materials, websites, domains or ads, sign, use or disclose materials that contain the name “EDUCATION LAB”, the use of the EDUCATION LAB logo or other identifiers of EDUCATION LAB without prior, express, written permission. Silence or lack of response from EDUCATION LAB does not constitute consent. The contract holders recognize the exclusive copyrights and trademarks and other materials related with EDUCATION LAB and associated intellectual property rights.
4. DAMAGES AND INDEMNIFICATION
(1) The member is liable to EDUCATION LAB for all damages, be it caused by them, by their employees or by third parties which they have invited to EDUCATION LAB. Should EDUCATION LAB be used by third parties for compensation of damages that were caused by this member or their employees or third persons that they invited, the member is obliged to provide full compensation for such damages immediately to EDUCATION LAB.
(2) In a first breach in the respective contract, including these terms and conditions, in particular § 3, regulated obligations of the contract holder, a written final reminder from EDUCATION LAB will be set with a deadline of 10 days to rectify the breach. In particularly serious or imminent danger, this period may be shortened accordingly.
(3) If, after the deadline referred to in paragraph (2), or a repeated or a similar violation occurs, or the breach has not been remedied by the member, the member will be directly liable for an appropriate penalty, the amount of which is left to the discretion of EDUCATION LAB and must be checked in case of dispute by the competent court at the headquarters of EDUCATION LAB. The contract holder will bear the cost of any penalties and the additional legal fees incurred by EDUCATION LAB and caused by a contractual breach are to be paid by the contract holder that caused the breach.
(4) The contract holder is also liable to EDUCATION LAB, regardless of the forfeited penalty, for all damages incurred to EDUCATION LAB through a breach of duty under these Terms, individual contractual agreement or law, in particular for lost profits and consequential damages.
(5) The contract holder releases EDUCATION LAB from liability in the event of a claim for the breaching of one of the regulations listed in § 3, Obligations, or any other violation on behalf of the contract holder that is unlawful. In particular, the EDUCATION LAB contract holder is consequently committed to take over all costs, especially legal costs, court costs and compensation costs incurred by EDUCATION LAB in this context. Unless it is a consumer transaction at the conclusion of this contract, this applies to costs up to a maximum amount of € 5,000 and the contract holder will be notified in advance.
5. OFFSETTING AND NON-ASSIGNMENT CLAUSE
(1) EDUCATION LAB is entitled to assert retention in accordance with the law.
(2) The contract holder is not entitled to any claims against EDUCATION LAB, nor are they entitled to partially or completely off-set claims against EDUCATION LAB.
(3) The contract holder is also not entitled to transfer rights and obligations under this Agreement wholly or partially to third parties without the prior written consent of EDUCATION LAB.
6. DURATION, TERMINATION AND CONSEQUENCES OF TERMINATION OF CONTRACTS
(1) Unless otherwise agreed in writing, the contract is valid for an indefinite period of time. Membership may be terminated, upgraded and downgraded by the member on a monthly basis by filling contacting the team. Notice of ordinary termination by the member must be communicated to EDUCATION LAB by the 7th of each month at the latest for the following month’s membership to be canceled (i.e. a member announces the wish to terminate their membership on 7th February, this termination shall take effect on 1st March). Termination by EDUCATION LAB will be communicated in writing to the Member.
(2) The contract will automatically terminate upon the death of the contract holder or if EDUCATION LAB is permanently prevented from providing their contractual services through no fault of their own.
(3) The contract may be terminated without notice for good cause by EDUCATION LAB at any time. Good cause includes in particular, but not exclusively, if:
(4) Members who have terminated their contracts themselves or whose contract was terminated due to the requirement of paragraph (3) may only return as a member if they fill out a new application.
(5) A member may apply for his contract to be made dormant for a maximum of three times per calendar year for a maximum total of six months per calendar year without giving a reason. Such resting periods are not considered terminations. For the period of the dormancy, the mutual rights and obligations under the contract remain valid. The dormancy request is to be made in writing to the EDUCATION LAB specifying the exact period of dormancy. After the initial dormancy, all mutual rights and obligations under the contract are brought back, without the need for a separate communication from either of the parties.
7. PAYMENT METHODS
(1) The Basic Fee cited in the individual contract or in the respective terms of reference is to be paid each month in advance. Further services are billed in arrears each month.
(2) All amounts under this contract are due within 7 days of receipt of the respective invoice. If an open invoice is not paid within the period of 7 days, the member receives an automatic payment reminder. Here, a reminder fee for the sum of € 10 will be charged for each reminder sent. EDUCATION LAB is also entitled to discontinue all other services until full payment of the outstanding amount is received.
(3) If within a period of 5 additional days after the reminder referred to in paragraph (2) no full payment is received, the contract holder is obliged to reimburse EDUCATION LAB for expenses from reminders and collection charges, as far as they are necessary or useful for appropriate legal action. This in any event includes the cost of a reminder of a lawyer in charge of the recovery in the rate moderate amount (but at least € 50 for each written warning) as well as the costs of a possible legal enforcement. In case of defaulting on the part of the contract holder, the statutory default interest for operators’ transactions is valid. The assertion of further rights and claims remain unaffected.
(4) In case of the contract holder’s defaulting, EDUCATION LAB can immediately make all payments due for all service provided, be they concluded contract, services or partially provided services. Furthermore, EDUCATION LAB is under no obligation to provide further services until payment of the outstanding amount (retention) is made.
(5) Should the payment be agreed in installments, then EDUCATION LAB reserves the right to demand immediate payment of all outstanding debt (appointment loss) in the event of non-timely payment of installments or ancillary claims.
8TH DISCLAIMER
(1) EDUCATION LAB is only liable for damages if these are based on an intentional or grossly negligent action by EDUCATION LAB, its legal representatives or its other employees or other agents and affect the loss of life, body and health damages to the extent, and solely to the extent, to which is required by law. Any further liabilities for damages are excluded entirely. EDUCATION LAB is not liable to members for loss of profit or income, loss of data, documents or files, for third-party claims, direct or indirect, as well as for consequential damages.
(2) The extent to which liability is applicable, within the law, is typically limited in each case to foreseeable damages and to the amount of the typical contract average level of damages, but in any case to an amount of no more than three times the monthly membership fee paid by the member.
(3) EDUCATION LAB accepts no responsibility for the safety and security of its data network (or the connection to the Internet). Each member has, in this regard, the responsibility to take appropriate actions for the data security of his or her computer and Internet connection. EDUCATION LAB accepts no further responsibility to ensure that the network and Internet capacity is sufficient or is at any time available without interruption.
(4) The provisions of the Product Liability Act (Produkthaftungsgesetz) remain unaffected.
9TH PRIVACY
(1) EDUCATION LAB uses the information supplied by the contract holder (title, name, address, e-mail address, telephone number, fax number, bank account) in accordance with the provisions of the Austrian Data Protection Act (Datenschutzrecht).
(2) The contract holder agrees that his personal data may be stored and processed, namely name / company, occupation, date of birth, Commercial Register, powers of representation, contact person, business address and other addresses of the contract holder, telephone number, fax number, email address, bank details, credit card information, UID -number for the purpose of fulfilling the contract and supervision of the contract holder as well as for advertising purposes of EDUCATION LAB, for example, for the dispatch of offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purposes of reference to the existing or former contract holders (reference note) in an automated manner. The contract holder agrees that electronic mail is sent to them for purposes of publicity purposes. This consent may be revoked in writing at any time by e-mail, fax or letter to the contact listed in the header of the Conditions.
(3)The contract holder agrees to the privacy policy as published on https://www.edlab.at. The policy explains how personal data is collected and used.
10. CONFIDENTIALITY
(1) The parties’ personal, business, financial and other confidential information of the other parties, which are given in the course of the contractual relationship to knowledge, are strictly confidential and only made available to a third party if (i) they are compelled by mandatory legal provisions, or (ii) they are obliged by final judicial or an administrative official order to such disclosure or (ii) the relevant information is already publicly known.
11. FINAL PROVISIONS
(1) EDUCATION LAB is entitled to change these Terms and Conditions and all documents at any time. EDUCATION LAB will announce changes within a reasonable time. The EDUCATION LAB contract holder has the right to object to the amendment. If the contract holder does not object to the changed conditions within one month after publication, they automatically agree to the new conditions. In case of objection, EDUCATION LAB is entitled to terminate the contract at the time when the modified or amended terms and conditions shall apply.
(2) Furthermore, any changes or additions to these terms and the contract must be made in writing. This lifting of the written consent requirement must be made in writing.
(3) The invalidity or incompleteness of any provision of these terms and conditions shall not invalidate the entire contract. The ineffective provision shall be replaced by one which is effective and most closely reflects the aims of the previous provision. The same should apply to issues that need to be regulated.
(4) Provisions set out in these terms and conditions and in the individual contracts that only appear in male form, refer to men and women equally. When applying the label to certain individuals, the gender-specific form shall be used.
12. APPLICABLE LAW / JURISDICTION
(2) The law of the Republic of Austria, excluding the CISG (UN Sales Convention) is valid for these terms and conditions and the individual contracts. Mandatory provisions of the country in which the contract holder has his habitual residence are not affected.
(3) The place of fulfillment is the headquarters of EDUCATION LAB. For any disputes arising from the legal relationship between EDUCATION LAB and the other party, the parties agree on the exclusive jurisdiction of the competent court at the headquarters of EDUCATION LAB. Notwithstanding, EDUCATION LAB is entitled to sue the contract holder at his general jurisdiction.
The Education Lab is barrier-free!
The subway lines U1, U2 and U4 as well as numerous streetcars and buses stop nearby (Karlsplatz and Schwarzenbergplatz stations)