General Terms and Conditions (GTC)

General Terms and Conditions (GTC)

Valid from 17.03.2023

Introductory provisions

These General Terms and Conditions (hereinafter ‘GTC’) apply exclusively to customers of Invitario GmbH (hereinafter ‘Invitario’).

Invitario is a cloud-based software for attendee management (hereinafter ‘Internet service’), companies and event managers (hereinafter ‘customers’) to contact potential participants of events through online communication media and to collect personal data.

By opening an account with Invitario, you accept these GTC. If you do not agree to a clause of these GTC, the use of Invitario – neither in full nor of individual functions – is excluded.

Insofar as customers conclude contracts with participants of events via Invitario, Invitario is not involved and does not become a contractual partner. The customers are responsible for the processing and fulfillment of the contracts concluded between them and participants independently of Invitario. In particular, Invitario is not liable if, in connection with such a contract, no contact is established between the customer and the participant. Furthermore, Invitario is not liable for any kind of breach of duty on the part of the customers and from the contracts concluded between the users.

In the case of chargeable events, Invitario acts exclusively as a commercial agent, acting on behalf of the customer and processing the purchase contract via its Internet service. The contractual relationship regarding the event and the sale or purchase of tickets is therefore exclusively between the customer and the participant. In particular, Invitario is not liable for the insolvency of the customer or the cancellation of an event. The organization of the event(s) offered by the customer may be subject to additional terms and conditions of the respective customer. Invitario has no influence on this.

Invitario and the customer are entitled to cancel an order placed by the participant (unilateral right of withdrawal), if the participant violates such conditions which have been established by the organizer or Invitario in the context of ticket sales, or attempts to circumvent them. The declaration of cancellation or of withdrawal can also be made implicitly by crediting the amounts paid.

1. Validity of the GTC

1.1. The customer declares that they are receiving the services of Invitario as an entrepreneur within the meaning of § 1 para. 2 of the Austrian Consumer Protection Act (KSchG) (hereinafter referred to as: the entrepreneur).

1.2. For all present and future deliveries and other services which Invitario provides within the scope of its Internet service under the domain invitario.com, on the basis of telephone or postal orders as well as for orders via fax for the entrepreneur (hereinafter jointly referred to as the service), the following terms and conditions apply exclusively, as well as those of the privacy policy https://invitario.com/datenschutz-website in the respective current form, insofar as applicable.

1.3 Terms and conditions of the entrepreneur shall not apply.

2. Scope of Services and Conclusion of Contract

2.1 The respective scope of services of Invitario results from the order confirmation. Invitario ‘s scope of services is continuously expanded and adapted to new technical conditions. Invitario is under no obligation to comply with changes requested by the customer.

2.2. The contract with the customer is only concluded upon the transmission of the order confirmation by Invitario or the sending of access and user data by Invitario.

2.3 All deliveries are made at the expense and risk of the entrepreneur. The prices are quoted ex Invitario’s business address excluding statutory VAT.

2.4. Invoices are payable without deduction within the period stated on the invoice.

2.5. A set-off of the contractor with a claim against Invitario is excluded, unless the claim has been legally established by a court.

3. Cancellation Conditions

3.1. Cancellations, for whatever reason, on the part of the entrepreneur must be made in writing (whereby email to sales@invitario.com is sufficient) and are effective upon receipt by Invitario. The following cancellation conditions apply :

3.2. Cancellation is not possible with regard to the license costs of the software and for all functions directly related to the software, so that these costs must be paid for the respective agreed term.

3.3. Invitario is entitled to charge all external costs already incurred (e.g. for travel bookings) as well as the costs for setup and managed services already provided according to the documented costs and the underlying SLA in the event of cancellation.

3.4. For the provision of hardware before the agreed start of the rental period, whereby this is the day of the planned dispatch of the hardware, the following cancellation costs of the rent shown in the order confirmation for these services apply:
– up to 15 days before the start of the assignment: 25% of the rent
– up to 10 days before the start of the assignment: 50% of the rent
– under 10 days no reduction of the rent is possible

3.5. For the provision of personnel for deployment at an event, the following charges shall apply before the agreed start of deployment whereby this is the day of arrival of the personnel at the event, the following cancellation costs of the personnel costs stated in the order confirmation will be charged:
– up to 20 days before the start of the assignment: 25% of the personnel costs
– up to 10 days before the start of the assignment: 50% of the personnel costs
– up to 5 days before the start of the assignment 80% of the personnel costs personnel costs
– less than 5 days no reduction of personnel costs possible

4. Compensation and Warranty

4.1. Invitario is liable for damages due to culpable breach of contract in the case of its own or that of a vicarious agent only for intent or gross negligence. This does not apply to personal injury. Compensation for loss of profit and consequential damage is excluded. This also applies in the event of delay or impossibility of performance.

4.2 Invitario has created and reviewed its products with the greatest possible care. Invitario will regularly revise and supplement these products. Despite great care, Invitario cannot rule out errors in the products. Compensation for damages resulting from the use of Invitario products is excluded.

4.3 Invitario is entitled to first improve a defective service by making a replacement delivery. Only if a replacement delivery fails twice or is not possible, or is refused by Invitario, the entrepreneur has the option of asserting a claim for conversion or price reduction.

4.4. Invitario is not liable for any technical interruptions, network outages, or other performance disruptions that are not caused by Invitario. Liability for data loss is excluded. All services offered as part of the Invitario internet service are available 99% of the time, calculated over a year (hereinafter referred to as “availability”). Invitario will, where possible, perform maintenance work between 8 PM and 6 AM. Announced maintenance work does not reduce availability.

4.5 Invitario processes exclusively the data and content provided by the contractor (hereinafter jointly referred to as ‘content’). The contractor therefore undertakes to obtain all rights and declarations of consent which are necessary for the processing of the contents within the scope of Invitario’s services. The contractor further undertakes to obtain all declarations of consent necessary for the sending of e-mails from the e-mail recipients disclosed by the contractor. The contractor shall indemnify and hold Invitario harmless in the event of a breach of these obligations.

4.6. Invitario does not assume any liability for information Invitario or uploaded by the entrepreneur, text or graphic elements such as fonts, photos, illustrations, logos, images, texts, videos, music, links and the like, photos, illustrations, logos, images, texts as well as for videos, music, links and the like. In these cases, the entrepreneur is solely responsible, the corresponding license or usage rights from third parties and shall indemnify Invitario in this respect . Invitario completely harmless and indemnified in this respect. Invitario is under no obligation to check or investigate in this regard.

The entrepreneur is solely responsible for the content of their own website and links to other websites. Invitario has no obligation to review or monitor this content, and the entrepreneur will hold Invitario completely harmless and free from claims in this regard.

4.7. The entrepreneur shall comply with all legal regulations associated with the sending of emails. This applies both to the country in which the entrepreneur has its registered office, as well as for the country in which the recipient has his habitual residence or registered office. The entrepreneur is also obliged to a legal notice that complies with the relevant legal requirements as well as own terms and conditions and a privacy policy .

4.8 In the event that the entrepreneur wishes to use “Third Party Apps” on its event website, the entrepreneur must ensure on its own responsibility that the providers of the applications used by it fulfill all requirements necessary under data protection law and that all agreements under data protection law, such as the so-called order processing agreement (hereinafter referred to as “AVV”), are concluded by the entrepreneur with the respective provider.

“Third Party Apps” refer to third-party software integrated into the event website(s) created with Invitario, either by the entrepreneur themselves or on their behalf. These third-party applications may have access to personal data of the website visitors. This may involve, for example, embedding content from platforms such as YouTube or Vimeo, using tools such as Zoom or Microsoft Teams, using Google Tag Manager to manage cookies and any HTML/JS code.

4.9. The end customer must be informed clearly and transparently by the trader about the use of third-party apps and the end customer must also be informed of this , for example in the privacy policy, that the “Third Party Apps” integrated on event websites are processors of the respective entrepreneur, so that Invitario is neither the controller nor the processor in this respect. The contractor shall indemnify and hold Invitario harmless in the event of a breach of these obligations. indemnify and hold Invitario harmless.

4.10. For any claims arising from the use of “Third Party Apps,” the entrepreneur shall be solely liable to the end customer and shall indemnify and hold Invitario harmless in the event of a claim due to a breach of these obligations.

4.11. Invitario ensures that the data processing and processing of emails within the Federal Republic of Germany, Republic of Austria, in a member state of the European Union or in another state party to the state party to the Agreement on the European Economic Area.

4.12. Pursuant to Art. 28 GDPR, the contractor, as the controller under data protection law, is obliged to conclude a so-called data processing agreement (‘DPA’) with Invitario, which defines the subject matter of the processing, the type and purpose of the processing, the type of personal data, the categories of data subjects and the obligations and rights of the contracting parties. If no individual DPA is concluded between the contractor and Invitario in an individual case, the provisions of Invitario’s standard DPA, which is available at https://invitario.com/avv, are expressly agreed.

5. Usage Duration and Subscriptions

5.1. Unless otherwise stated, the contract term from the date of conclusion of the user agreement for Invitario Express (one-time use) is 3 or 6 months and at least one year for the ongoing use of Invitario.

5.2. If Invitario is used on an ongoing basis, the subscription the subscription is automatically renewed for a further year, unless the contract is terminated with a notice period of 30 days to the end of each contract year by e-mail to or by mail to sales@invitario.com or by letter to Invitario GmbH, Lerchenfelder Straße 74/1/6, 1080 Vienna, Austria or a limited term has been agreed in the order confirmation. After termination of the subscription, the product can no longer be used and all and all data will be irrevocably deleted by Invitario.

5.3. Should labor costs change due to industry-specific collective bargaining agreements, internal company agreements, or other costs necessary for service delivery (such as materials, energy, transportation, subcontracting, financing, etc.), Invitario is entitled to adjust the prices accordingly. Invitario has the right to adjust the ongoing fees due to reasons beyond Invitario’s control, which may result in either increases to the current price or reductions. Such reasons may include costs from subcontractors, general wage increases, or expansions of the service scope.

6. Invoice Due Date

6.1. Fees are due for payment within 14 days of correct invoicing by Invitario.

6.2. In the case of monthly payment, fees are due monthly at the beginning of the of the respective period of use and invoicing. In the case of one-off payment or annual payment, fees are due in full at the beginning due at the beginning of the period of use and after invoicing.

6.3. Invitario is entitled to Invitario is also entitled to submitinterim invoices for incomplete services and separately commissioned services.

7. Final Provisions

7.1 The place of performance for all services arising from this contract is Vienna, Austria.

7.2 Austrian law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods, the conflict of law rules of the IPRG and Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17. June 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.

7.3. The place of jurisdiction for legal disputes arising from this contract shall be the competent court for Vienna-Innere Stadt with subject-matter jurisdiction.

7.4 Should individual provisions of these GTC be or become void, unenforceable and/or invalid, this shall not result in the invalidity, unenforceability and/or invalidity of the entire GTC. In this case, the parties undertake to replace the void, unenforceable and/or invalid provisions with a provision that comes closest to the economic purpose of the void, unenforceable and/or invalid provision.