Imprint
Company data of STAP-ility
Staff Assistance Program
Legal form: GmbH
CEO: Mag. Dr. Regina Heidenhofer
(authorized to represent the company alone)
Bank details
Erste Bank GIBAATWWXXX
Konto Nr. AT812011184910539700
Company headquarters
Wörthersee-Süduferstrasse 229, Top 1
9082 Maria Wörth
Carinthia branch
Nibelungengasse 1 – 3/ Stiege 4 / Top 79
1010 Vienna
contact
Phone: +43 660 1111 618
E-Mail: office@stap-ility.at
Duty to inform according to § 5 Abs.1 ECG
Commercial Court Vienna
Company register number 611705t
UID number: ATU79876136
Business: Management consulting, brokerage of consulting and services as well as contracts for work and services
Website design: Annija Ceska, www.annijaceska.com
Programming: REALONAUT GmbH, www.realonaut.media
General Terms and Conditions for the Use of the STAP-ility Service (“GTC”)
1. PREAMBLE
1.1 These General Terms and Conditions shall apply exclusively to all legal transactions between the Client (commissioning company) and the Contractor (STAP-ility GmbH) – hereinafter referred to only as the Client. The version valid at the time the contract is concluded shall apply.
1.2 STAP-ility GmbH(9082 Maria Wörth, Wörthersee-Süduferstrasse 229, Top 1) FN 611705t offers the client a so-called employee support program. STAP-ility’s clients include companies that want to support the well-being and health of their employees. The program includes the possibility to use six different packages (HR package, legal package, health package, support package, welcome package and the package for lectures, seminars and workshops). Experts with specific qualifications are available within each package. STAP-ility will – after commissioning – mediate between the client’s employees and the experts assigned to these packages. The mediation is voluntary, discreet and uncomplicated. STAP-ility thus contributes to the well-being and health of the client’s employees. Depending on the scope of the assignment, other health management services for the client can also be taken on, such as ESG reporting.
1.3 These General Terms and Conditions shall also apply to all future contractual relationships, even if no express reference is made to them in supplementary contracts.
1.4 Conflicting general terms and conditions of the Client shall be invalid unless they are expressly recognized in writing by the Contractor.
2. scope of application
STAP-ility only concludes contracts with companies or entrepreneurs within the meaning of the Austrian Commercial Code (UGB) (B2B transactions).
These GTC apply to all services provided by STAP-ility and govern their use on the basis of an individual offer.
By accepting an individual offer prepared by STAP-ility, the customer expressly accepts these GTC. Deviating or supplementary terms and conditions of the customer shall not become part of the contract unless STAP-ility expressly agrees to their validity in writing. The execution of an order does not constitute acceptance of deviating terms and conditions of the customer.
These GTC shall also apply to future transactions between STAP-ility and the Customer, even if no express reference is made to them when a future contract is concluded.
3. registration and conclusion of contract
Unless the customer opts for an individual offer from STAP-ility, an initial “registration” of the customer’s employees at www.stap-ility.at or their contact details (by email and telephone) is required in order to use STAP-ility’s services. The client’s employee is obliged to provide truthful and complete information when registering.
All offers from STAP-ility are non-binding and subject to change, unless they are expressly designated as binding. The descriptions of the provider’s services at www.stap-ility.at are not offers in the legal sense, but rather invitations to initiate a business relationship.
4. services and subject matter of the contract
STAP-ility’s services include:
- The on-call time (“9 to 5” on-call or 24 h on-call) during this time, the client’s employees can contact STAP-ility.
- The initial recording of the concerns of the client’s employees.
- Mediation activities with the relevant experts.
- Evaluation of satisfaction with the service offered.
- An individual consultation – if desired – in the health management of the client.
The scope of a specific brokerage or consultancy assignment is contractually agreed on a case-by-case basis.
Standby fee for the standby time (fixed costs): Unless expressly agreed otherwise in writing, STAP-ility will not provide the services to the client’s employees until the agreed fee has been paid in full or, in the case of recurring payments, until the first amount due has been received. The services are generally provided immediately after receipt of payment.
Individual expert services (variable costs). The experts are paid by the contractor themselves. However, there is no direct contractual relationship of any kind between the expert and the client. STAP-ility charges a commission in addition to the expert’s fee.
The content of the expert discussion is confidential and – depending on the professional group – is subject to strict confidentiality.
The client undertakes to inform its employees about the service provided by STAP-ility after placing an order with STAP-ility or at regularly agreed intervals.
The Client undertakes not to enter into any business relationship whatsoever with persons or companies used by the Contractor to fulfill its contractual obligations during and for a period of three years after termination of this contractual relationship. In particular, the Client shall not commission these persons and companies to provide the same or similar consulting or agency services as those offered by the Contractor.
5 Charges, invoices, payments and changes to charges
5.1 Unless otherwise agreed in writing, the fixed fee to be paid by the Client shall be due for payment on a monthly basis in advance. The variable fee – based on the expert fees – is payable monthly in arrears including a commission.
5.2 Payment is always made prior to activation or provision of the services using the means of payment accepted by STAP-ility.
5.3 Invoices must be objected to by the client within 14 days of receipt, otherwise they shall be deemed to have been accepted by the client.
5.4 Unless otherwise agreed in writing, invoices shall be paid immediately upon receipt without deductions.
5.5 All prices are exclusive of statutory VAT and all other applicable fees, taxes and duties.
5.6 STAP-ility is entitled to send invoices to the Customer also/only in electronic form. The Customer expressly agrees to STAP-ility sending invoices in electronic form.
5.7 In the event of late payment, STAP-ility is entitled to charge the statutory default interest in accordance with § 456 UGB. STAP-ility is entitled to offset payments first against interest and then against the oldest debt of the customer.
5.8 The retention of payments by the customer and the offsetting of the customer’s claims against STAP-ility’s claims is excluded.
5.9 STAP-ility is entitled to unilaterally change the fee for its services at any time. The Customer shall be notified of any changes in writing. They shall enter into force if the Customer does not object in writing within 14 days of receiving notification of the change. If the customer objects, STAP-ility is entitled to terminate this contract at the end of the agreed period for which the customer has already paid the agreed fee.
6 Warranty and availability
6.1 Warranty claims against STAP-ility require that the client gives written and justified notice of any “defects” within 2 weeks of the provision of the respective service or non-provision by STAP-ility (e.g. if the mediation between employees and experts takes too long). The warranty period is 3 months.
6.2 No warranty claims can be made against STAP-iltiy that may have arisen as a result of the advice provided by the experts.
6.3 The right to a price reduction vis-à-vis STAP-ility is excluded.
7. liability
7.1. STAP-ility is only liable – except for personal injury – for damages caused intentionally or through gross negligence by STAP-ility, its employees and/or vicarious agents in connection with this contract. The burden of proof for the fault of STAP-ility shall be borne by the customer. Claims for damages shall in any case become time-barred within six months.
7.2 STAP-ility’s liability for gross negligence is limited both in individual cases and in total per calendar year to the fee actually paid by the Customer for the Services within the last calendar year.
7.3 Any liability of STAP-ility for consequential damages, loss of profit and financial losses is excluded.
8. amendment of these GTC
8.1 STAP-ility is entitled to amend these GTC at any time. STAP-ility will inform the Customer of any such changes in writing in an appropriate form.
8.2 If the Customer does not terminate the contractual relationship in writing within 14 days of receiving notification of the amendment to the GTC, the amended GTC shall be deemed to have been agreed. The amended GTC shall also be deemed to have been agreed if the customer continues to use STAP-ility’s services after receiving notification of the amendment to the GTC. There is no right of termination if the changes exclusively benefit the customer.
9. duration and termination of the contractual relationship
9.1 Unless otherwise agreed, the contract is concluded for a minimum term of one year.
9.2 The term is automatically extended by a further year in each case if the contract is not terminated in writing at the end of the respective term with one month’s notice.
9.3 If the parties agree on a minimum term deviating from item 13.1, the provision of 13.2 shall apply after expiry of the agreed minimum term.
9.4 STAP-ility is entitled to terminate this contract in writing without notice for good cause. Good cause includes, in particular, if
– the customer violates point 5 of these GTC;
– the customer violates his/her payment obligations despite a written reminder and the setting of a 14-day grace period;
– the customer violates any other provision of these GTC and does not immediately cease this behavior despite a written reminder;
– the Customer damages the reputation or interests of STAP-ility through the content uploaded by him/her or disrupts the functionality of the services through his/her behavior and does not immediately cease this behavior despite a written warning.
9.5 In the event of termination of this contract for good cause by STAP-ility, STAP-ility shall be entitled to liquidated damages in the amount of the remuneration due in the event of ordinary termination by the next termination date (termination compensation). Any benefits granted to the customer (e.g. discounts) on STAP-ility’s usual prices shall lapse and STAP-ility shall in this case be entitled to demand the full price. The customer’s obligation to pay compensation for any additional damages remains unaffected.
9.6 The Client’s statutory right to terminate the contract prematurely for good cause shall remain unaffected.
10 Confidentiality and data protection
10.1 Unless otherwise agreed, the parties undertake to treat as confidential all information concerning the other party of which they become aware in the course of the contractual relationship.
10.2 However, STAP-ility is entitled to cite the Customer as a reference and in this context to use the Customer’s company and/or company logo for its own marketing purposes.
10.3 Each party shall be responsible for compliance with the relevant statutory provisions, in particular those of the Data Protection Act.
10.4 The above obligations shall continue to apply even after termination of the contractual relationship.
10.5 STAP-ility is entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The client warrants to STAP-ility that all necessary measures have been taken, in particular those within the meaning of the Data Protection Act, such as declarations of consent by employees. In principle, the current legal regulations regarding the Data Protection Regulation apply.
11. partial invalidity
Should provisions of these GTC be or become legally ineffective, invalid and/or void in whole or in part, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the provision shall be replaced by a provision that is legally effective and valid and that corresponds in its economic effect to the replaced provision as far as possible and legally permissible.
12. final provisions
12.1 This contractual relationship shall be governed exclusively by Austrian law, with the exception of the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
12.2 The exclusive place of jurisdiction for legal disputes arising from and in connection with this contractual relationship shall be the competent court for Vienna – Innere Stadt.
12.3 The place of performance for both contracting parties is Vienna.
12.4 There are no verbal collateral agreements of any kind whatsoever. Changes to the contractual relationship must be made in writing.
12.5 All declarations of a legally binding nature based on this contract must be made in writing to the address of the other contracting party last notified in writing. If a declaration is sent to the address last notified in writing, it shall be deemed to have been received by the respective contracting party.
12.6 E-mail is sufficient to comply with the written form required by these GTC.
13. consent pursuant to § 107 TKG
The client agrees to receive messages from STAP-ility within the meaning of Section 107 of the Austrian Telecommunications Act (TKG) for advertising purposes. This consent can be revoked by the commissioning company at any time.