General Terms and Conditions of Business and Use

Scope

These Terms and Conditions of Business and Use form part of the contract between Staymate OG (hereinafter "Staymate") and its customers concerning the use of the Staymate platform and related software and services.

1. Scope of services

The subject of the contract is the provision (rental) of the "Staymate" web application and the "Staymate Manager" content management system (CMS) within the agreed scope of services. The web application and CMS are provided in their respective latest versions.

2. Rental term

The rental period begins when the web application is made available, but no later than 4 weeks after the contract is signed, and continues for the selected term. The contract is automatically renewed for the selected term unless either contracting party gives notice of termination within the required notice period.

3. Termination

Either party may terminate the contract at the end of the term by giving 2 months' notice. Notice of termination must be given in writing. Upon termination, provision of the "Staymate" web application and "Staymate Manager" ends and/or the associated program components are removed.

4. Extraordinary termination

Staymate is entitled to terminate the contractual relationship without notice if the renter exceeds their right of use. This includes, in particular but not exclusively, passing Staymate programs on to competitors or the renter being more than three months in arrears with payment.

5. Invoices

Invoices are sent electronically by email. If a printed invoice by post is requested, a fee of 5 euros per invoice issued is charged in addition to the invoice amount.

6. Payment

Invoices are issued in advance for the agreed payment interval. Payment is due within 7 days of the invoice date. Compliance with the payment deadline is determined by receipt (value date) of the payment in Staymate's account.

7. Late payment

In the event of late payment, Staymate is entitled to charge default interest and collection costs in accordance with the Austrian Late Payment Act (Zahlungsverzugsgesetz). Staymate is also entitled to temporarily suspend provision of all applications once payment is 14 days overdue, until the payment obligation has been fulfilled.

8. Obligations to cooperate

(1) The renter provides all information, data and documents required by Staymate to perform the assignment and, upon request, assists Staymate with problem analysis and troubleshooting, the coordination of processing assignments and the coordination of services.

(2) Staymate assists the renter free of charge with usual technical questions and problems during normal office hours. Support and advice for hotel guests are excluded.

9. Additions

Handwritten additions, amendments, ancillary agreements, annotations or deletions in contractual documents or these Terms and Conditions are deemed not to have been agreed and have no legal effect unless they have been expressly agreed in writing and signed by persons authorised to represent both contracting parties.

10. Place of jurisdiction

The place of jurisdiction is Vienna, Austria.

11. Severability clause

If any provision of this contract is invalid, the validity of the remaining provisions is unaffected. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to that provision.