contract

Partnership contract

concluded between

Guru e.U., FN 458747D, Karl-Popper-Strasse 22, 1100 Vienna, Below is called "EDP guru", on the one hand and

to the Partner entrepreneur (PU), on the other hand

Today, after booking online in the EDP-Guru shop, as follows:

PREAMBLE

The IT guru provides entrepreneurial & private user-specific IT & EDP services & products and deliveries to your customers via your digital platform. The PU operates a company in accordance with Appendix ./1. primarily for entrepreneur customers as well as private customers (= user of the platform). This contract regulates the provision of services from PU in cooperation with the IT guru as part of the EDP Guru platform. The parties therefore alternately emphasize their partnership access and should be the idea when interpreting the contract.

If the masculine personal pronouns are used here and below, this serves exclusively for a clear contractual language and easier readability.

Object of the contract

PU as an intermediary (Authorized EDV-Guru partner or Authorized EDV-Guru Retail partner)

The PU clears the right to offer its services in the PU shop (the respective location) on the one hand in given performance modules and, on the other hand, in general. With regard to the existing modules, reference is made to the system ./2 that forms an integrating component of this agreement. The performance modules can be changed and supplemented by mutual mutual agreement.

The IT guru undertakes to provide the service according to the determined modules for customers of the PU in accordance with the provisions of this agreement.

It should be noted that the respective contractual relationship subsequently comes about between the customer and the IT guru and that PU only takes up a broker role here. The IT guru has the right to reject the mandate in justified cases, such as in the event of a collision or other reasons for cultural law.

The IT guru will document its achievements for the customers of PU to PU, whereby the documentation must be taken into account when documenting the obligation to do the professional law. Ideally, the documentation should take place via the EDP guru platform, whereby IT-GURU will take into account the confidentiality obligation using suitable technical measures.

The IT guru owes a proper provision of services in accordance with its professional duties and, in the event of any demands, holds the PU maliciously and without complaint for its own services.

IT guru as the client for subliere

In certain cases in accordance with Appendix/2, the modules are designed in such a way that the PU provides the corresponding services as a subcontractor for the IT guru. Here the EDP guru acts as the sole contact person and contractual partner for the user.

In any case, the IT guru is entitled to use the PU logos free of charge for the entire duration of the partnership.
The PU agrees to grant advertising for the IT guru inside and outside in its shop (at the respective location), through different measures (stickers, displays and the like) to the necessary and acceptable extent.

Special status Authorized EDV-Guru Retail partner

The retail partner is entitled to new contractual partners (Authorized EDV-Guru Partner) to auction. For this purpose, the retail partner in order to administratively support the respective Authorized EDV-Guru Partner as a direct contact for the IT guru.
The aim of the retail partner is to offer the offers of the IT guru to the Authorized EDV-Guru Partner to convey content & administrative and thus optimize the sales process. In addition, mandatory periodic care, the partnership, is to be led to PU to enable a stronger bond with the IT guru and the retailer.

Contract duration

2.1 . The contractual relationship is concluded for an indefinite period. The PU orders the desired partnership contract free of charge via the platform-Authorized EDV-Guru Partner or Authorized EDV-Guru Retail partner. At the same time as the order confirmation, he receives a payment confirmation.

The IT guru examines the prerequisite of the PU partnership contract as a result and, if necessary, confirms by confirmation. Then the partnership agreement is accepted and applies. It is explicitly stated that the order confirmation is only understood as an invitation to make a thing. In the event of a negative examination of the bot, the contract will be canceled.

2.2. The contractual relationship can be terminated from both sides in compliance with a three -month notice period at the end of each quarter, without prejudice to already assumed obligations towards customers or third parties. An extraordinary right of termination for an important reason remains unaffected. An important reason is in any case an proven two -time breach of contract that continues despite the warning. An important reason is also a predominantly negative assessment of customers on the EDP-GURU platform or negative response from customers to EDP guru in a period of three months.

Fee

The IT guru does not pay a service fee to PU.

The EDP -GURU creates a proportionate credit statement (commission including VAT) once or at periodic intervals for the respective customer, based on this amount, on the basis of the PU, as long as a paid - no open invoices) is paid between the IT guru and the customer.

For handling and checking, the EDV guru admits the right to digitally record, evaluate and use the fee on or by the platform to digitally record, evaluate them.

The payment takes place within 14-21 days from the IT guru to the PU, from a minimum height of the total credits of 20 euros.

Invoice / information obligation

The IT guru undertakes to take an invoice to the user as an IT guru about the or indirectly done business degree with a user in connection with the platform directly or indirectly. The invoice has the type and scope of the service (module), the day or the period, on/in which the service was provided to the user and to contain the net and gross price offset against the user.

In the case of the subcoverring ratio in accordance with 1.2. If the IT-GURU puts its bill to the user, the PU receives the contractual commission fee in accordance with Appendix ./3. The billing itself takes place in the account procedure

Special status Authorized EDV-Guru Retail partner

In the case of the retail partner, the PU will be contracted by contracts of its "Authorized EDV-Guru Partner " received contractual commission fee in accordance with the system ./3. The billing itself takes place in the account procedure

Requirements / account

In order to enable the user to use or participate in the platform, the PU is obliged to register the user an account on the website of IT guru.

The registration of this account must be made with truthful, verifiable information. For account registration, EDP-GURU are certain personal data, such as name or company, commercial book number or the date of birth for natural persons not entered in the commercial register, address or business address, terms and conditions, UID number, GISA number, email address To announce the phone number. Optionally, the PU can provide further data. The PU has to ensure that its account data entered by the user is correct, complete and up to date.

The PU or user obtained by the PU confidentially with data from users and is obliged to keep his password or data from users secret. The PU is liable for damage caused by defective secrecy of the password by the PU or through an inadmissible transfer to third parties. Insofar as the user is handing over to the PU in mutual agreement.

A transfer to third parties for the use of the account is not permitted. Likewise, a assignment or transfer of this in this regard, of whatever kind, to third parties.

Availability

There is no entitlement to the availability of the service or the applications of IT guru. The PU is aware that there is no guarantee on the Internet to achieve its data. Such a guarantee is not adopted by IT guru in any way. IT guru is not liable for failures or for the non-availability of the platform, its services or applications, or their consequences. Under no circumstances is IT guru liable for supernatural influences, technical problems of third-party providers and other influences that are not in direct connection with the servers of IT guru.

Exclusion and restrictions on liability

Due to a lack of participation, IT guru is in no way liable for the business, their final or non-conclusion between the users and the PU, the respective transactions and their consequences, which are in direct or indirect connection from the participation in the platform or in contact with users Stood or stand out of the platform, enter or enter. IT-GURU does not guarantee whether the quality or suitability or especially creditworthiness of a single user, just as little as it is for the quality or suitability of the service / product of the PU. There is no guarantee of the safety of the shops handled between individual users and the PU.

IT guru ensures that if possible, the technical platform on the Internet is protected from unauthorized attacks ("hackers"). The PU notes that despite careful planning and technical execution, absolute protection is not possible on the Internet. EDP guru is only liable to the PU for intentional and grossly negligent violation of their contractual obligations in accordance with the following provisions. In any case, liability for slight negligence is excluded. Any liability of Desedv guru is limited to typically predictable damage to the PU. EDP guru is in no way liable for lost profit, consequential damage, indirect and indirect damage as well as pure financial damage of all kinds.

IT guru is not liable for the fact that certain successes or results can be achieved by using the service.

In the event of a link to another website, the IT guru assumes no liability for external content.

Violations / lock

In principle, all violations of this contract and any additional contractual terms are classified as violations. IT-GURU reserves the right of an immediate blocking in the event of a violation of these contractual provisions or against the legal situation on the part of the PU.

manipulation

Any intentional manipulation and/or deception to circumvent the control and protective mechanisms of IT guru lead to the immediate blocking of the account. IT guru is not liable for failure and consequential damage.

privacy

The contracting parties commit each other to comply with the relevant data protection regulations, in particular the GDPR and the DSG and keep mutually damaged and complain about.

The parties agree that their personal data, insofar as they are collected by you or third parties, are processed and stored for the purposes of contract implementation, marketing purposes or news, as long as statutory retention and documentation obligations, such as tax law obligations, require.

The parties have the right to request information, correction, deletion or restrictions on the processing of its stored data at any time; In addition, the right to revoke consent at any time, a right to object to the processing and the right to transfer your data to a position you want. By exercising one or more of these rights, the implementation of the object in question must not be made impossible or more difficult, nor may the statutory documentation and retention obligations be limited.

E-mails

With registration of an account on the website of IT-GURU, PU agrees to a certain mail traffic. This includes in particular emails from support and the system, but no spam. A classification of this email by the PU as a spam represents a violation of this agreement. The newsletter from EDV guru can be deactivated by the PU.

Other provisions

12.1. Changes, additions and/or side agreements to this contract require the written form. This also applies to a completely or partially amendment or lifting this written form requirement. Verbal collateral agreements do not exist.

12.2. The contract concluded according to these conditions remains binding in its other parts even if individual points are legally ineffectiveness. Ineffective provisions are to be replaced by the parties with effective ones that come close to the intended purpose as possible. The same applies in the case of a contract gap.

12.3. The PU must not transfer the rights and obligations resulting from the contract. Only authorized EDV-Guru Retail partners are allowed to conclude SUB OFFERS.

12.4. The PU can only offset against claims from IT guru or claim a right of retention if the PU's counterclaim is undisputed and final.

Applicable law and place of jurisdiction

For the legal relationship between IT guru and the PU as well as for these conditions, exclusively Austrian laws apply, excluding collision law.

For all disputes that arise from the legal relationship between IT guru and the PU, from the services offered or in the context of the same, including questions about its validity, interpretation and enforceability. responsible.

Code of Conduct

EDP guru refers to the enclosed compliance guidelines or the EDP guru own code of conduct ./4. The PU confirms that it has accepted it in agreement and undertakes to adhere to it. A violation, on the other hand, is a serious violation of the contract.

System directory

Annex ./1 company PU

Appendix ./2 List of existing modules including module prices

Annex ./3 commission rates

Annex ./4 Code of Conduct

Annex ./1 - company PU

Your company data

Annex ./2 - module overview

To be removed from the online shop by arrangement (https://shop.edv-guru.com)

Annex ./3 - commission rates

Authorized EDV-Guru partner:

50% net / one -time sale

10% net / subscription

Authorized EDV-Guru Retail partner:

25% net / one -time sale

30% net / subscription

Annex ./4 - Code of Conduct

With the partnership agreement you agree to our code of conduct.

preamble

The following code of conduct serves as a guide for our company and its employees, but also for our business partners. It leads the values and principles that we feel connected to meet our responsibility in economic and social life.

Basic social values

We recognize the social values of the state of Austria and the European Union without reservation, such as general human dignity. We act against any kind of child labor or forced labor and commit to adequate working conditions (this means that we understand security, but also health protection at work, etc.). We refuse to discriminate against any discrimination and occur for equal treatment in entrepreneurship.

Commitment to the legal conformity - fair competition

We explain our absolutely commitment to European and Austrian laws, norms and regulations. We also feel committed to fair competition. We refrain from talking about prices, conditions and strategies with competitors, suppliers, other companies and dealers who hinder fair competition.

Forbidden gift acceptance / prevention of money laundering and corruption

We refuse to impose decision -makers in the political sector or in the competition. Our employees do not accept gifts, regardless of the kind. Any inadmissible benefit grant is reported without exception.

environmental Protection

We see the climate crisis as a big challenge. Protecting the environment is priority for us. Therefore, we undertake to deal with our resources gently.

Authorized Partnership with the EDV-Guru / Authorized Partner / Reseller