Partnership contract*
concluded between
Guru e.U., FN 458747D, Karl-Popper-Strasse 22, 1100 Vienna, Below is called "IT guru", on the one hand and
dem Partner entrepreneur (PU), on the other hand
Today, after booking online in the IT guru shop, as follows:
PREAMBLE
The IT guru provides entrepreneurial & private user-specific IT or IT services & products as well as deliveries to your customers via its digital platform.
The PU operates a company in accordance with Appendix ./1. primarily for entrepreneurship and private customers (= user of the platform). This contract regulates the provision of services from the PU as part of the EDP Guru platform. In addition, the parties are planning an ongoing cooperation, in which the PU will also provide services for the IT guru itself. The parties therefore adequately 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.
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Object of the contract
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IT guru as an intermediary
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The IT guru gives PU the right to offer its services on the EDP Guru platform on the one hand in given performance modules (service packages) 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 mutual mutually agreed.
The PU undertakes to provide the service in accordance with the determined modules for customers of the IT guru in accordance with the provisions of this agreement.
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It should be noted that the respective contractual relationship will subsequently come about between the customer and the PU and that IT-GURU only takes up a broker role here. The PU has the right to reject the mandate in justified cases, such as in the event of a collision or other reasons for the right.
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The PU will document its achievements for the customers of EDV-Guru to EDV-Guru, whereby the documentation must be taken into account when documenting the professional law obligation. Ideally, the documentation should take place via the IT guru platform, whereby IT-GURU will take into account the confidentiality obligation using suitable technical measures.
The PU owes a proper provision of services in accordance with its professional duties and keeps the IT guru harmless and without complaint with any claims from poorer fulfillment in the internal relationship.
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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 subcontractors for the service of IT guru. Here the IT guru acts as the sole contact person and contractual partner for the user.
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In any case, the IT guru is entitled to use the PU logos free of charge for the entire duration of the partnership.
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Contract duration
2.1 . The contractual relationship is concluded for an indefinite period. The minimum binding time after conclusion of the contract is 12 months. The PU orders the desired partnership contract in its function via the platform. After receiving an order confirmation and a link to the forms for the system ./1 to ./3, he can fill out this forms/platform and thus concretize its offer. At the same time as the order confirmation, he receives a payment confirmation.
The IT guru checks the PU, which is uploaded as a result, and, if necessary, confirmed by means of an order confirmation. Then the partnership agreement is accepted and the following applies. It is explicitly stated that the order confirmation is only understood as an invitation to make a messenger. In the event of a negative examination of the bot, the paid fee will be returned without deduction.
2.2. The contractual relationship can be canceled 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. The contracting parties waive the exercise of an ordinary right of termination for the first contract year. 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 IT guru in a period of three months.
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Fee
The PU pays a monthly service fee of Basic 0,- Essential EUR 39,-, with Partner 59,- Euro, at Franchise 359,- including the statutory sales tax, each with booking and extension. As a measure of calculating value resistance, the consumer price index 2015, which is announced monthly by Statistics Austria, serves or an index that is in place.
The index number calculated for January 2022 serves as reference size for this contract. Fluctuations in the index number up or down to only 2 % are not taken into account.
The remaining fees for the use of the IT guru platform, are based on the one integrating component of this agreement ./3. The remuneration rates are evaluated annually (contract year) and, if necessary, adapted to the party mutually acceptable or the service catalog is supplemented.
For processing and review, the PU IT-GURU The right to digitally record, evaluate and use the fee made on or by the platform to digitally record, to be used for the calculation of the fee.
In the event of a qualified delay, entrepreneurial default interest is due in accordance with § 456 UGB.
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Invoice / information obligation
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The PU undertakes to take an invoice to the user or the IT guru about the or indirectly done business completion 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 the net price offset against the user.
- If the booking is not made via existing modules, as stated in the module overview Appendix. Payment is optionally possible for the respective customer.
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In the case of the subcoverring ratio in accordance with 1.2. If the PU takes its invoice to the IT guru and the EDP-Guru, the contractual fee is made in accordance with Appendix ./2. The billing itself takes place in the account procedure
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Requirements / account
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In order to enable the user to use or participate in the platform, the PU is obliged to register with an account on the website of IT guru.
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The registration of this account must be made with truthful, testable 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 as well as to announce a phone number. Optionally, the PU can provide further data. The PU has to ensure that its account data is and remain correct, complete and up to date.
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The PU is obliged to keep its password 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.
- 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 any kind, to third parties.
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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 directly related to the servers of IT guru.
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Exclusion and restrictions on liability
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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 participation in the platform or in contact with users Stood or stand out of the platform, enter or enter. EDP 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.
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IT guru ensures that if possible, the technical platform on the Internet is protected from unjustified attacks ("hackers"). The PU takes note that despite careful planning and technical execution, absolute protection is not possible on the Internet. IT 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 the IT 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 loss of all kinds.
- IT guru is not liable for the fact that certain successes or results can be achieved by using the service.
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In the event of a link to another website, the IT guru assumes no liability for external content.
- Violations / lock
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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 before.
- 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.
- data protection
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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.
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The parties agree that, insofar as these are collected by you or third parties, your personal data will be 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.
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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 in question may neither be made impossible nor difficult, the statutory documentation and retention obligations may be limited.
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E-mails
- With registration of an account on the website of IT guru, the PU is right a certain mail traffic. This includes in particular emails from support and the system, but no spam. Inclusion of such emails from EDP guru by the PU As a spam, there is a violation of this agreement. The newsletter from EDV-Guru can be from PU be deactivated.
- 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 event of a contract gap.
12.3. The PU may not transfer the rights and obligations resulting from the contract.
12.4. The PU can Only then set up or claim a right of retention if the counterclaim of the PU is undisputed and final.
- Applicable law and place of jurisdiction
- For the legal relationship between EDP-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 conditions, including questions about its validity, interpretation and enforceability, the factual court in Vienna is exclusively responsible.
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Code of Conduct
- IT guru refers to the enclosed compliance guidelines or the IT 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 Directory/is processed after the conclusion of the contract/https://portal.edv-guru.com
Annex ./3 commission rates
Annex ./4 Code of Conduct
Annex ./1 - company PU
Information about your company
After ordering and checking, you will receive access data to your personal internal partner area. In this you have further instructions for "onboarding".
Annex ./2 - module overview
Subscription Depending on the ordered variant, products and / or services, which are entered via the partner backend, taking into account the current provisions (service and product guidelines).
https://portal.edv-guru.com
Annex ./3 - commission rates
The IT guru receives
Appendix ./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 enter into 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, of any 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. We therefore undertake to deal with our resources gently.
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