Terms and Conditionspower (T&Cs)

1. Scope

These General Terms and Conditions form the basis for all contracts concluded between Telepower and our customers. General Terms and Conditions of customers are not accepted unless otherwise agreed in writing on a case-by-case basis. The version of these T&Cs valid at the time of the conclusion of the contract shall apply.

2. Placing of order

The customer receives a binding offer from Telepower upon request. Telepower's offers to the customer are generally „without obligation“ and merely represent an invitation for the customer to submit a binding contract offer. A contract is only formed with written confirmation of the offer by Telepower come about.

3. Pre-contractual services

The initial meeting, including the presentation of our service offering, is generally free of charge. Further services will be invoiced. Test runs offered in writing by Telepower are excluded from this.

4. Concept and Idea Protection, Copyright

Execution documents and concepts created by Telepower, such as training materials, call scripts, and organisational and marketing concepts, as well as self-developed IT programmes, remain the property of Telepower and are protected by copyright law in particular.

5. Prices and Payment Terms

The amount of the fee is determined in accordance with the contractual agreement. All invoices are payable immediately upon receipt, without any deduction. In the event of late payment, default interest at a rate of 9.2 % p.a. above the base rate shall be payable in accordance with Section 456 of the Austrian Commercial Code (UGB). The customer is obliged to bear the costs of reminders, amounting to EUR 25.00 per reminder, as well as the costs of third parties (debt collection agencies, solicitors). The customer is not entitled to set off their own claims against claims by Telepower.

6. Declaration of Non-Objection

By placing an order, the customer declares to our company that all products circulated in their order are unobjectionable. They hereby declare that all these products comply in all respects with the provisions of the relevant Austrian laws or the laws of the respective country of destination. Should the legislator take action against Telepower for violations of this kind, the customer declares that they will indemnify Telepower.

7. Product Liability – Consumer Protection Act

No liability whatsoever will be accepted in accordance with consumer protection and product liability laws for products that we put into circulation on behalf of the customer, as well as for product information that we provide in accordance with customer guidelines. The following also applies here: Should the legislator take action against Telepower for matters not caused by Telepower in accordance with product liability and/or consumer protection laws, the customer shall indemnify Telepower.

8. Fees, Taxes, Duties

Telepower accepts no liability for taxes, duties (e.g. ARA), or customs charges incurred by the movement of goods that we process on behalf of the customer, in their name, as per their instructions. The customer indemnifies Telepower against any liabilities that may arise.

9. Liability

Telepower shall be liable, irrespective of the legal grounds, only in cases of wilful intent and gross negligence. Liability for personal injury (injury to life, body and health) and liability under the Product Liability Act or other mandatory laws shall remain unaffected by the limitations of liability.

10. Warranty

The warranty period is three months. A warranty claim only exists if the customer promptly reports discernible defects within the meaning of § 377 UGB. Telepower will rectify any defects present within a reasonable period.

11. Data Protection – Confidentiality

The protection of customer data is of great importance to Telepower. The data is processed exclusively in accordance with the standards of Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation GDPR). Telepower adheres to the principles of lawfulness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, and integrity and confidentiality when processing data. Telepower has implemented technical and organisational measures for the security of customer data.

The company Telepower undertakes to maintain the strictest discretion regarding all data and facts ascertained, as well as other internal information of the client that comes to its attention, and to oblige its employees to do the same.

Telepower guarantees that data provided by the customer will only be used for contract fulfilment and will be returned to the customer in full and without delay after processing, and deleted by Telepower. In return, the customer guarantees Telepower that both the placement of the order and the transmitted (address) data do not violate any laws and do not infringe the rights of third parties. In particular, the customer guarantees that all (legal) persons to be contacted have given the necessary consent in accordance with § 107 Telecommunications Act 2003. The customer further guarantees that the placement of the order does not constitute an infringement of competition law within the meaning of the Unfair Competition Act. The customer shall indemnify and hold Telepower harmless for any resulting damages.

12. Severability Clause

If individual provisions of this contract are or become invalid, the validity of the remaining provisions shall not be affected. An appropriate regulation shall replace the invalid contract provision or fill the gap, which shall come as close as possible to what the contracting parties would have intended according to the meaning and purpose of this contract.

13. Applicable law

The basis and execution of this contractual relationship shall be governed by Austrian law, excluding international private law and the UN Convention on Contracts for the International Sale of Goods.

14. Venue

The place of jurisdiction is Vienna, the competent court.