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General Terms and Conditions (GTC)

Geckow GmbH, Gewerbering 8, A-2020 Hollabrunn

AUSTRIA 

VAT: ATU83506314, Company Register: 681726p

 

 

§ 1 Scope

These General Terms and Conditions („GTC“) apply to all contracts, offers, order confirmations, and services between Geckow GmbH (hereinafter „Geckow“), with its registered office at Gewerbering 8, 2020 Hollabrunn, Austria, and its clients (hereinafter „Client“) in connection with the planning, development, production, and implementation of custom interactive installations, media, and audiovisual solutions (interactive events, showrooms, brand experiences, media control, and similar).

These GTC apply exclusively to business clients („Unternehmer“) within the meaning of Section 1 of the Austrian Commercial Code (UGB). Any conflicting or deviating terms of the Client shall not become part of the contract unless Geckow expressly agrees to their validity in writing.

§ 2 Offer and Conclusion of Contract

Offers made by Geckow are non-binding unless expressly designated as binding. The contract is concluded upon written order confirmation by Geckow or upon actual commencement of performance.

As Geckow projects are typically individually designed solutions, the scope of services, deadlines, and prices are specified on a project-by-project basis in the offer or order confirmation. These GTC apply supplementarily, unless otherwise agreed in the offer or order confirmation.

§ 3 Scope of Services and Changes

The scope of services results from the respective offer or order confirmation. Requests by the Client to change or expand the scope during the project („change requests“) require written agreement and may affect price and schedule.

Geckow reserves the right to provide technically or design-wise equivalent alternative solutions, provided the agreed functionality is not impaired (e.g., in case of unavailability of individual components).

§ 4 Prices and Payment Terms

All prices are quoted in euros, plus statutory value-added tax (VAT) at the applicable rate, unless stated otherwise.

The specific payment terms are agreed individually for each project in the offer or order confirmation. Unless otherwise agreed there, the following shall apply:

     

      • Payment term: 15 days net from the invoice date.

      • For larger projects, an advance payment is agreed, typically 50% upon order placement and 50% upon project completion — unless otherwise agreed in the offer.

    In the event of late payment, Geckow is entitled to charge default interest pursuant to Section 456 of the Austrian Commercial Code (UGB) as well as collection costs, and to withhold further performance until payment is received.

    § 5 Delivery and Completion Deadlines

    Agreed deadlines are subject to the timely and complete cooperation of the Client (see § 6) as well as the timely availability of required third-party components (hardware, licenses, third-party content).

    Delays resulting from late cooperation by the Client, subsequent change requests, or circumstances beyond Geckow’s control shall extend the agreed deadlines accordingly. Geckow will notify the Client of any foreseeable delays without undue delay.

    § 6 Client’s Duty to Cooperate

    The Client shall provide, in a timely manner and in suitable form, the information, content, access, premises, and infrastructure required for the implementation of the project (e.g., on-site power and network connections). Delays or additional effort resulting from insufficient cooperation shall be borne by the Client and invoiced on a time-and-materials basis.

    § 7 Retention of Title

    Delivered hardware and components shall remain the property of Geckow until full payment of all claims arising from the contractual relationship.

    § 8 Warranty

    Geckow warrants that the services rendered and components delivered conform to the agreed scope of services. The statutory warranty periods apply. For third-party components (e.g., purchased hardware, third-party software), Geckow’s warranty is limited to the assignment or forwarding of the warranty and guarantee claims against the respective manufacturer/supplier.

    Defects must be reported in writing without undue delay upon discovery. Geckow is entitled to remedy defects primarily by rectification (repair).

    § 9 Liability

    Geckow is liable without limitation for damages caused by intent. In the event of gross negligence, Geckow’s liability is limited in amount to the agreed order value (net) of the respective project. In the event of slight negligence, Geckow is liable only for personal injury; liability for property damage and pure financial loss in the event of slight negligence is excluded to the extent permitted by law.

    Liability for loss of profit, consequential damages, and claims by third parties is excluded to the extent permitted by law.

    § 10 Usage and Copyright

    Unless expressly agreed otherwise in the offer or order confirmation, the Client shall, upon full payment of the agreed fee, receive a temporally and geographically unrestricted, non-exclusive right of use to the content developed for the Client within the scope of the project (custom software, graphics, interaction concepts, and similar) for the contractually intended purpose of use.

    The copyright and other rights to the developed content, as well as to any generic frameworks, software components, templates, modular systems, and underlying concepts used or (further) developed by Geckow, shall remain with Geckow or the respective rights holders. Geckow is entitled to reuse and further develop such generic components for other projects and clients.

    § 11 Reference to Projects

    Geckow is entitled to name the respective project as a reference and to present it in its own portfolio, on its website, and in social media and case study formats, but only after prior consultation with, and with the consent of, the Client. The Client shall not unreasonably withhold such consent.

    § 12 Confidentiality

    Both parties undertake to treat as confidential all confidential information, concepts, and trade secrets of the other party that become known to them in the course of the cooperation, and not to disclose them to third parties, unless required by law. This obligation shall survive the termination of the contractual relationship.

    In particularly sensitive cases, this confidentiality obligation may be supplemented and specified by a separate non-disclosure agreement (NDA). Any such separate agreement shall take precedence over this provision to the extent of its scope.

    § 13 Force Majeure

    Events of force majeure (e.g., natural disasters, government measures, pandemics, strikes, supply failures at upstream suppliers) shall release the affected party from its obligation to perform for the duration and to the extent of the impact, without giving rise to claims for damages.

    § 14 Data Protection

    Geckow processes the Client’s personal data exclusively within the framework of applicable data protection provisions (GDPR) for the purpose of contract performance. Further details are set out in Geckow’s privacy policy on its website.

    § 15 Final Provisions

    Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent permitted by law, the competent court at Geckow’s registered office (Korneuburg Regional Court, Austria) is agreed as the place of jurisdiction.

    Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.