1. scope of application

come in OG ("come in") shall offer its services exclusively on the basis of these Terms and Conditions to the exclusion of any terms and conditions of the client to the contrary.

The nature and scope of the services shall be specified in the contract and the associated cost statement; the order shall be placed in writing. The contractual relationship exists exclusively between come in and the client, but not between come in and the client's customers.

2. submission of offers

If a fixed event date is available, come in will prepare an initial offer free of charge. Research and preparation of a detailed programme will be charged by come in on a time and material basis. If an order is placed, come in will reimburse the costs for programme research and preparation in full as part of the final invoice. In the event that the date or number of persons is subsequently changed, a new research and calculation is required, which will be invoiced at cost. All prices are net and exclude all taxes and duties.

3. obligations of come in

come in undertakes to act with the diligence of a prudent businessman.

• conscientiously plan the planned project and advise the client
• carefully select and monitor all service providers
• monitor and secure the planned project during the realisation phase.

If not already taken into account in the offer, any individualisation or adaptation of the scope of services agreed in the order shall incur additional fees, the calculation of which shall be based on come in's list of hours and the following prices (net):

• Hourly rate management                            € 300,-
• Hourly rate project management                             € 185,-
• Hourly rate for project assistance                            € 125,-
• eventgate price list in the version valid on the date the contract is concluded

4. obligations of the client

If necessary for the proper fulfilment of the contract, the client shall provide come in with appropriate information and instructions in due time. If necessary, the client shall notify the project manager of come in immediately during the event of any defects in the service. Failure to do so shall have no effect on warranty claims, but shall result in contributory negligence on the part of the client to the exclusion of liability.

5. travelling expenses & site inspection

The client shall bear the following travelling expenses for agency staff and subcontractors (technicians, artists, etc.):

• Accommodation in single rooms in hotels (at least 4-star category)
• three meals per person per day (including two hot meals)
• Transfer costs within Europe:
• Costs for 1st class train tickets or
• official kilometre allowance or
• Costs for the purchase of a hire car or
• Economy class flight tickets and
• Direct costs of hire cars and other means of transport
• Transfer costs for travelling from Vienna to a destination outside Europe:
• Business Class flight tickets and
• Direct costs of hire cars and other means of transport

The client shall bear the costs for the project manager, accommodation, travelling expenses, consumption and activities within the scope of any site inspection to be carried out by come in to ensure that all services meet the client's requirements. If the event is organised, come in shall deduct the costs for a project manager's daily rate from the final invoice if the site inspection took place on Austrian working days.

6. drinks and extras

Drinks and additional services and extras ordered by the client at short notice via come in during the event - as well as all services in accordance with this contract - shall always be charged via come in. come in shall charge a handling fee of 10% of the total cost of drinks, extras and additional services.

7. commissioning of third parties

If necessary, come shall authorise suitable subcontractors to carry out individual services of the subject matter of the contract. The client shall give its express consent to this.

8 Warranty and liability

Any complaints or claims for compensation for services that have not been properly provided must be addressed in writing to come in no later than one week after the date of performance. Minor changes to the services shall not entitle the client to reduce payment and withdraw from the contract. The client acknowledges that public safety obligations are the responsibility of the operator of a fixed facility (stadium, hall, hotel, etc.) and that come in i is therefore not liable for compensation for damages arising from an event organised by come in. This release from liability does not apply in the case of wilful intent or gross negligence. In the case of slight negligence (disregard of the degree of care that only exceptionally prudent or cautious people tend to apply), liability is excluded in any case.

In cases of the mediation of tourist services (transfer, hotel, etc.) come in is only liable for the fulfilment of information and clarification obligations. In particular, come in shall not be liable for the provision of the service it has arranged or procured.

come in is only liable for

• the flawless provision of services including complete information to the participant based on the information provided in come in
• the prompt forwarding of declarations of intent between participants and the brokered company and vice versa.

9. secrecy

Both parties undertake to protect confidential information, in particular the professional and business secrets of the other party.

Confidential information within the meaning of this agreement is all information (whether written, electronic, verbal, digital or in any other form) that is disclosed by one party to the other party or to an affiliated company within the meaning of Sections 15 et seq. AktG for the aforementioned purpose. Confidential information includes, in particular, business secrets, products, manufacturing processes, know-how, inventions, business relationships, business strategies, business plans, financial planning, personnel matters and data, as well as all documents and information that are the subject of technical and organisational confidentiality measures and are marked as confidential or are to be regarded as confidential due to the nature of the information or the circumstances of transmission. In addition, all agreements between the client and come in as well as their contents and ancillary agreements shall be deemed confidential information.

No Confidential information is information that

• were known or generally accessible to the public prior to disclosure or transfer by the disclosing party or become so at a later date without breach of a confidentiality obligation,
• which were already demonstrably known to the receiving party prior to disclosure by the disclosing party and without breach of a confidentiality obligation
• generated by the receiving party without using or referring to confidential information of the disclosing party itself, or
• which are handed over or made accessible to the receiving party by an authorised third party without breach of a confidentiality obligation.

This obligation shall survive the termination of the contract. come in undertakes to impose corresponding obligations on employees and subcontractors.

10. copyright

All proposals, ideas and thoughts offered by come in in the conceptual and creative field, whether in written or verbal form, are the intellectual property of come in. They are subject without restriction to the intellectual property rights applicable in the Republic of Austria. Their use, even in part, requires written authorisation and the conclusion of user agreements by and with come in. Reproduction and disclosure to third parties are generally not permitted unless otherwise provided for in a licence agreement concluded specifically for this purpose. Images used in presentations are for visualisation purposes and real implementations may differ and vary from this pictorial representation.

11. image rights

The client grants come in a non-exclusive right to use photographs and video recordings of events for self-promotional purposes without restriction in terms of location or time. The client shall ensure that all persons depicted have consented to the use in terms of the protection of their personal data and, if applicable, that all further consents of the author of the works and other authorised users have been obtained and shall indemnify and hold come in completely harmless in this respect.

12. terms of payment

Payment by the client shall be made in due time without deduction by bank transfer in euros to the following account of come in:

come in OG
Bank Raiffeisen Landesbank Wien - Account 07.705.833, BLZ 32000
IBAN AT50 3200 0000 0770 5833, BIC RLNWATWW

Bank charges shall be borne in full by the client. Compliance with the following payment deadlines is a prerequisite for the provision of services by come in:

1st advance payment: 50% of the expected total costs when the order is placed

2. advance payment: 40% of the expected total costs up to 2 months before the service is provided

Final payment: immediately after provision of the service upon receipt of the final invoice

The client shall only be entitled to set-off against claims of come in to the extent that the counterclaims are undisputed or have been recognised by declaratory judgement. The client shall only be entitled to assert a right of retention due to counterclaims arising from a contract with come in.

In the event of default of payment by the client, come in shall be authorised,

• to interrupt the provision of the contractually owed service. In this case, the customer shall remain obliged to pay the agreed fees and to bear other costs, in particular the costs of maintaining teams of developers or consultants for the project at the customer's premises;
• to demand default interest of 9.2% above the base rate, but at least 12%, from the relevant date. The client reserves the right to prove that come in has incurred no or less damage in the individual case. Come in reserves the right to assert further claims, in particular for damages in case of proof of higher interest damage.

If the client defaults on payment of the costs for two consecutive months, come may cease to provide the contractual services and terminate the contractual relationship without notice. The cancellation costs according to clause 13 remain unaffected by this

.

13. cancellation of the contract

The client may withdraw from the contract before the start of the service provision without giving reasons. In such a case, the client shall compensate come in within 10 days of the written request by come in as follows:

• The following applies to come in's own services: Own services are always charged in accordance with the service already rendered.
• The following applies to intermediary services: The contractual conditions agreed directly between the service provider and the client or customer shall apply. come in cannot be held liable for its content or for any obligations arising from it.
• The following applies to procurement services:
• Up to 6 months before the service date: 10% cancellation fee on procurement services
• 6 months to 3 months before the service date: 20% cancellation fee on procurement services
• 3 months to 1 month before the service date: 50% cancellation fee on procurement services
• 1 month - 2 weeks before service date: 80% cancellation fee on procurement services
• Within 2 weeks before the service date: 100% cancellation fee on procurement services

14. premature termination of the contract

Both parties may terminate the contract without granting a grace period if

• due to force majeure or
• by initiating composition or bankruptcy proceedings against the other party

the provision of the services is prevented or disproportionately hindered or if bankruptcy proceedings are generally not initiated due to a lack of assets to cover the costs. All unforeseen events as well as events whose effects on the fulfilment of the contract are not the responsibility of either party are deemed to be force majeure. These events include, in particular, lawful industrial action, including in third-party companies, official measures, failure of communication networks and gateways of other operators, disruptions in the area of line management by third parties, even if these circumstances occur in the area of subcontractors, sub-suppliers or their subcontractors or with operators of sub-node computers authorised by come in

For all services rendered by come in or by third parties on behalf of come in up to the date of premature termination of the contract, come in shall be entitled to reasonable compensation in accordance with clause 13. Both parties may terminate the contract by granting a grace period of two weeks if the other party is culpably in default with the fulfilment of its other contractual obligations.

15. final provisions

These contractual terms and conditions and their interpretation shall be governed exclusively by Austrian law. The place of fulfilment and jurisdiction is the Commercial Court of Vienna. In order to ensure legal certainty for both parties, all deviations from the conditions and provisions of this contract, all ancillary agreements or verbal commitments require written confirmation by come in in order to be valid. If any provision of the contract or the General Terms and Conditions is or becomes invalid, this shall not affect the validity of the remaining provisions.