Terms and Conditions

Version: August 2026. This version replaces all earlier versions and includes the additional provisions for AI-supported services (§ 20).

§ 1

Scope

1.1 These General Terms and Conditions apply, on the one hand, to all sales transactions between „Global-Desk“ (Chapter I: §§ 2 to 7) and its customer and, on the other hand, to services rendered by „Global-Desk“ (Chapter II: §§ 8 to 14). Provisions applying jointly to sales transactions and services are set out in Chapter III (§§ 15 to 20).

1.2 Any general terms and conditions of the customer are hereby expressly excluded insofar as they deviate from these Terms or from amendments and supplements confirmed in writing by „Global-Desk“. Deviations from these Terms may only be agreed in writing.

1.3 Until new Terms are issued by „Global-Desk“, these Terms also apply to all future transactions, even where these are concluded without reference to the Terms.

I. Sales transactions

§ 2

Orders, delivery, risk

2.1 Offers made by „Global-Desk“ are without obligation. Contracts relating to the customer’s orders only come into effect upon dispatch of a written order confirmation or upon delivery of the goods by „Global-Desk“. When placing an order, the customer is bound for ten days from receipt of the order by „Global-Desk“. Interim sale remains reserved. Dimensions, weights, illustrations, descriptions and the like stated in catalogues, brochures and other documents of „Global-Desk“ or on the internet are approximate only; all such information is provided without warranty. Changes to the goods ordered by the customer that are due to technical improvement or to legal requirements (in particular statute or case law) remain reserved during the delivery period, provided such changes are reasonable for the customer. Outside written order confirmations, „Global-Desk“ is not obliged to notify the customer of changes on its own initiative.

2.2 If an order confirmation deviates from the customer’s order, the customer must object in writing without delay, and at the latest within seven calendar days of receipt of the order confirmation. Otherwise the contract comes into effect on the terms stated in the order confirmation.

2.3 Unless expressly agreed otherwise, the goods are deemed sold „ex works“ (EXW). „Global-Desk“ makes the goods available at, or delivers from, its head office at A-6370 Kitzbühel, Kirchberger Straße 84, at its own discretion. In the case of hardware deliveries within the scope of a services order, the goods are deemed sold „delivered at place“ (DAP). Partial deliveries by „Global-Desk“ are permitted.

2.4 Delivery periods stated by „Global-Desk“ are always without obligation and are met where possible. In particular in the event of operational disruption, strikes, civil unrest, lockouts, complete or partial shutdown of the supplying works, war, official orders or force majeure, the delivery period is suspended for the duration of the disruption and of the remedying of its operational consequences. Each of these events entitles „Global-Desk“ to withdraw from the contract without any obligation to pay damages if delivery periods are thereby extended by more than four weeks.

2.5 Where collection of the goods by the customer is agreed, risk passes to the customer upon expiry of the agreed collection period or collection date. Where the goods are dispatched, risk passes to the customer as soon as the consignment has been handed over to the person carrying out the transport. If dispatch is delayed at the customer’s request, risk passes to the customer upon notification that the goods are ready for dispatch.

2.6 Where a specific time or period has been agreed for delivery by „Global-Desk“, default only occurs upon exceeding that date or period after a reminder has been issued and a set grace period of at least six weeks has expired without result. The customer is only entitled to withdraw from the contract or to claim damages after default has occurred and after a further reasonable grace period set for „Global-Desk“ has expired without result.

2.7 Unless expressly agreed otherwise in writing, the delivery period begins on the latest of the following dates:

a) the date of the order confirmation;

b) the date on which all technical, commercial and financial preconditions incumbent on the customer have been fulfilled;

c) the date on which „Global-Desk“ receives a down payment due before delivery of the goods and/or a letter of credit to be established has been opened.

2.8 Deliveries of goods outside the European Union are made only on the basis of a separate written agreement.

2.9 With regard to the right of withdrawal of customers who are consumers, the mandatory statutory provisions of the Austrian Consumer Protection Act (KSchG) apply, in particular §§ 3 f and §§ 5 f KSchG.

§ 3

Prices

3.1 Prices are set out in the respective offer (§ 2.1) by „Global-Desk“. All prices are exclusive of value added tax. All prices are without obligation and apply net from the loading point named by „Global-Desk“.

3.2 Prices are calculated at the price valid on the day the contract is concluded (§ 2.1).

§ 4

Warranty

4.1 The statutory warranty rights of business partners who are consumers within the meaning of the KSchG remain unaffected. For them, the provisions of § 5.2 to § 5.6 therefore apply only insofar as they too must notify „Global-Desk“ in writing of defects that occur in order to invoke warranty rights.

4.2 The warranty period is 24 months from handover. The customer must inspect the goods without delay upon receipt. Apparent defects must be notified to „Global-Desk“ in writing without delay. Defects that cannot be discovered even upon careful inspection, or that only become apparent later, must be notified to „Global-Desk“ in writing without delay upon their discovery. The customer bears the risk of the notice of defects being received; if it does not reach „Global-Desk“, it is therefore deemed not to have been given. If the customer does not comply with the inspection and notification obligations under this paragraph in good time, the goods are deemed approved and the customer can no longer assert any claims in respect of the defect (in particular no claims based on warranty, damages or error).

4.3 Where a defect exists, „Global-Desk“ is entitled to subsequent performance by remedying the defect or by delivering a defect-free item (replacement delivery). The choice between remedying the defect and replacement delivery lies with „Global-Desk“. The right of „Global-Desk“ to refuse rectification or replacement delivery where the legal conditions are met (see for example § 932(4) of the Austrian Civil Code, ABGB) remains unaffected.

4.4 The customer is, however, entitled to rescind the contract (unless the defect is minor) or to demand a reduction of the purchase price if subsequent performance fails, in particular where it is impossible, where „Global-Desk“ does not succeed within a reasonable period, where it is refused by „Global-Desk“ or where it is culpably delayed by „Global-Desk“.

4.5 The customer must give „Global-Desk“ the necessary time and opportunity to carry out rectification or replacement delivery; otherwise „Global-Desk“ is released from liability for defects.

4.6 There is no warranty claim in respect of immaterial defects. Defects in part of a delivery do not entitle the customer to object to the remainder of the delivery.

4.7 All claims in respect of defects — other than those arising from injury to life, body or health or from gross fault on the part of „Global-Desk“ or its vicarious agents — become time-barred twelve months after delivery of the goods. Warranty claims may be asserted exclusively by the respective customer. Warranty claims do not prevent the purchase price from falling due.

4.8 „Global-Desk“ may require the customer to send the defective part to an address named by „Global-Desk“ at the expense of „Global-Desk“, or — at the choice of „Global-Desk“ — to keep the defective part or goods available so that „Global-Desk“ or a third party commissioned by it can carry out the rectification or exchange directly at the customer’s premises. Any associated service expenditure of „Global-Desk“ that neither falls within its warranty obligation nor is attributable to its fault must be paid by the customer (see § 9).

4.9 Normal wear and tear of the goods does not give rise to a warranty claim. Express reference is made to the operating, use, care and cleaning instructions supplied with the goods. „Global-Desk“ accepts no liability for damage arising from operation, use, cleaning and/or care that deviates from those instructions.

4.10 „Global-Desk“ may refuse rectification or replacement delivery for as long as the customer has not fulfilled its payment obligations to the extent corresponding to the defect-free part of the delivery rendered, where the defect-free part or the goods are of interest to the customer in their own right (for example because they can be used independently). This provision does not apply to consumers within the meaning of the KSchG; for them, the statutory provisions apply.

4.11 Claims for damages and other claims of the customer on account of a defect are governed by § 5 of these Terms.

§ 5

Liability, damages

5.1 The provisions of the Austrian Product Liability Act apply without restriction.

5.2 Any liability of „Global-Desk“ for damage is excluded by mutual agreement unless intent or gross fault on the part of „Global-Desk“ in breaching principal contractual obligations is proven. This applies in particular also to consequential damage caused by a defect and to loss of profit, in particular in the event of late or defective delivery or non-delivery. The customer’s warranty rights remain unaffected in accordance with § 4.

5.3 Insofar as the liability of „Global-Desk“ is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of „Global-Desk“.

5.4 In the event of unauthorised modifications to products by the customer or third parties, „Global-Desk“ accepts no warranty or liability whatsoever. Furthermore, „Global-Desk“ in particular gives no warranty for faults attributable to improper operation. Insofar as „Global-Desk“ is nevertheless under an obligation to pay damages, „Global-Desk“ is entitled to discharge itself from all claims by assigning to the customer all claims of „Global-Desk“ against a liability insurer.

5.5 The customer bears the risk of transport unless expressly agreed otherwise (see § 2.5).

5.6 Any liability of „Global-Desk“, both for personal injury and for damage to property, is limited to such damage as must typically be expected to arise in connection with the provision of hardware or software, and in any event to the order value. Insofar as „Global-Desk“ is nevertheless under an obligation to pay damages, „Global-Desk“ is entitled to discharge itself from all claims by assigning to the customer all claims of „Global-Desk“ against the hardware or software manufacturer or against a liability insurer.

§ 6

Retention of title

6.1 The goods remain the property of „Global-Desk“ until paid for in full. The retention of title is also effective vis-à-vis the carrier to whom the goods are handed over at the customer’s request or at the instigation of „Global-Desk“.

6.2 The customer is entitled to resell the goods before payment in full only after obtaining, and in accordance with, the written consent of „Global-Desk“. The authorisation to resell lapses automatically if the customer is in default of payment or has suspended payments. Until payment in full, the customer is not authorised to dispose of the goods subject to retention of title in any other way, in particular by pledging them or transferring them by way of security. The customer must defend against any interference by third parties with the property of „Global-Desk“ and against seizure of the goods subject to retention of title. The customer is obliged to point out the ownership of „Global-Desk“ and must notify „Global-Desk“ of any such event in writing without delay.

6.3 „Global-Desk“ is entitled to demand the immediate return of goods that have been delivered but not yet paid for in full if the customer does not meet its payment obligations punctually and in full, if insolvency proceedings are applied for or opened over the customer’s assets, if bankruptcy is dismissed for lack of assets to cover costs, if the customer effectively suspends payments, or if the customer approaches its creditors with a view to an out-of-court settlement.

6.4 In the event of resale before payment in full (see § 6.2 above), the customer hereby assigns to „Global-Desk“ the purchase price claim to which it is entitled against the buyer, together with all claims and ancillary rights arising from the resale, and records this assignment in its books. The assigned claims serve to secure the claims under § 6.1. At the request of „Global-Desk“, the customer must disclose the sale of the goods to third parties within seven days of the request for the purpose of payment to „Global-Desk“, and must within the same period provide the information and hand over the documents necessary for „Global-Desk“ to assert its rights. „Global-Desk“ is entitled at any time to notify the third-party debtors of the assignment.

6.5 The taking back of the goods by „Global-Desk“ does not constitute a withdrawal from the contract unless this is separately agreed in writing. Even where goods sold subject to retention of title are taken back, the right of „Global-Desk“ to claim damages for non-performance remains in place. Until the retention of title expires, the buyer is deemed to be the fiduciary custodian of the goods sold subject to retention of title. The costs arising from the assertion by „Global-Desk“ of its rights under the retention of title are borne by the buyer.

§ 7

Additional provisions for software

7.1 The software sold by „Global-Desk“ to the customer is standard software that has not been developed and programmed to the customer’s individual requirements (for example on the basis of a specification document or similar). By placing an order, the customer confirms that it is aware of the scope of functions of the software ordered. Where the software sold does not originate from „Global-Desk“ as manufacturer and licensor (proprietary software) but from another software manufacturer (for example Adobe, Microsoft), the following provisions for third-party software apply in particular.

7.2 Unless expressly agreed otherwise, „Global-Desk“ supplies the customer with one copy each of the software sold in machine-readable form.

7.3 The customer acknowledges that, by purchasing the software, it acquires a permission to use it (licence) in accordance with the licence terms of the respective software manufacturer (for example Adobe, Microsoft). The customer familiarises itself with the respective licence terms before purchasing the software and, by purchasing the software, confirms its agreement to them. The same applies mutatis mutandis where the use of third-party software entails that the respective third-party software provider may also render further services under its own responsibility in connection with its software. The same likewise applies mutatis mutandis where digital services of another provider are rendered under that provider’s own responsibility even without the use of third-party software.

7.4 When third-party software is purchased (for example Microsoft 365, Office 365 or similar), „Global-Desk“ registers the customer as the licensee. In respect of the purchase and the use, the customer becomes a contractual partner of the third-party provider, which is not a vicarious agent of „Global-Desk“ but becomes a direct contractual partner of the customer as a result of direct licensing. Invoicing of the third-party software is nevertheless handled by „Global-Desk“. In respect of third-party software sold, „Global-Desk“ acts as a mere intermediary. In accordance with the customer’s respective order, „Global-Desk“ is granted authority to conclude licences for third-party software.

7.5 „Global-Desk“ expressly points out that, according to the current state of the art, it is not possible to create software programs entirely free of errors. „Global-Desk“ can therefore give warranty for software products only to a limited extent.

7.6 The customer is itself responsible for regular (external) backup of its software and data, for example by means of backups. „Global-Desk“ points out that repairs may require the hard disk to be erased.

7.7 The customer is itself responsible for knowing and complying with operating instructions. In the event of unauthorised modifications to the software solution by the customer or third parties, „Global-Desk“ accepts no warranty or liability whatsoever. Costs for assistance, fault diagnosis and the remedying of faults and malfunctions for which the customer is responsible, as well as other corrections, changes and additions, are carried out by „Global-Desk“ against payment. This also applies to the remedying of defects where program changes, additions or other interventions have been carried out by the customer itself or by third parties.

7.8 Furthermore, „Global-Desk“ in particular accepts no liability for faults attributable to improper operation, changed hardware, operating system components, interfaces and parameters, to the use of unsuitable organisational resources and data media or similar, or to transport damage. Likewise, any warranty and other liability claims relating to third-party software exist only against the respective third-party software provider and not against „Global-Desk“. „Global-Desk“ accepts no liability whatsoever for the loss of data.

II. Services

§ 8

Conclusion of contract

8.1 The basis of the services rendered by „Global-Desk“ is the respective order, in which all agreed services (scope of services) and the remuneration are recorded. Orders are based on the written service description, which „Global-Desk“ prepares against payment on the basis of the documents and information made available to it.

8.2 By signing the contract or placing the order, the customer declares that it has examined the service description forming the subject matter of the contract and that the agreed services meet its requirements.

8.3 Assurances given by employees or agents of „Global-Desk“ are of no effect unless confirmed in writing by its management.

8.4 Offers made by „Global-Desk“ are without obligation. The services order is only deemed accepted upon written order confirmation by „Global-Desk“.

§ 9

Fees

9.1 The amount of the fee for services rendered by „Global-Desk“ is set out in the respective offer, in the contract or in the current price list and is exclusive of value added tax. By concluding the contract, the customer confirms that it is aware of the fee and considers it appropriate. The prices stated apply from the registered office of „Global-Desk“. The amounts stated are index-linked to the consumer price index 2020 published monthly by Statistics Austria, or to any index replacing it. The starting point is the day on which the order is accepted by „Global-Desk“ (§ 8.4). During an existing order relationship, the adjustment takes place automatically on 1 January of each calendar year.

9.2 Cost estimates provided by „Global-Desk“ are always non-binding. Where it becomes foreseeable that the actual costs based on actual expenditure will exceed those estimated in writing by more than 15 %, „Global-Desk“ will inform the customer of the higher costs. The notified cost overrun is deemed approved unless the customer objects in writing within one week. For cost overruns of up to 15 %, separate notification is not required and such costs may be invoiced without further ado.

9.3 Cost estimates by „Global-Desk“ that require a corresponding advisory service from „Global-Desk“ are chargeable to the extent of the effort involved.

9.4 Changes to orders or additional orders are invoiced in accordance with the hourly rates of „Global-Desk“ applicable at the time. Travel, daily and overnight allowances are invoiced to the customer separately (see § 9.6 below). The precise arrangement is set out in the service description.

9.5 The fee claim of „Global-Desk“ arises for each individual service rendered. This also applies to all services of „Global-Desk“ that are not implemented as intended for reasons for which it is not responsible. All order-related services not expressly covered by any agreed flat fee are remunerated separately.

9.6 „Global-Desk“ is entitled at any time to demand payments on account, both for the agreed fee and for cash outlays. Appropriate payments on account for cash outlays fall due upon placement of the order. „Global-Desk“ is entitled to invoice its services on a monthly basis.

§ 10

Rendering of services

10.1 „Global-Desk“ fulfils its obligations if it uses its best efforts to achieve the best possible result, drawing on the state of science and technology and applying its own knowledge and experience.

10.2 The scope and content of the services rendered by „Global-Desk“ are defined in the service description.

10.3 In order to carry out the order, „Global-Desk“ requires all relevant information and documents available to the customer so that it can provide a well-founded assessment and a recommendation on how to proceed. The customer undertakes to make available the technical and commercial information and documents in its possession in good time and without specific request, insofar as this is necessary for the proper performance of the order. „Global-Desk“ may take the information obtained after thorough enquiry as the basis for its further actions without further examination, provided that an error or misinformation on the part of the customer is not apparent to „Global-Desk“ from the outset.

10.4 The customer will refrain from soliciting or employing, including through third parties, any employees of „Global-Desk“ who have worked on the realisation of the orders, for the duration of the business relationship and for twelve months after its termination. In the event of a breach, the customer is obliged to pay liquidated damages in the amount of one annual salary of the employee concerned.

10.5 Services are rendered within the normal working hours of „Global-Desk“. Where, by way of exception and at the customer’s request, services are rendered outside normal working hours, the additional costs are invoiced separately. The precise arrangement is set out in the service description or in the respective contract.

10.6 Travel, daily and overnight allowances are invoiced to the customer separately. The precise arrangement is set out in the service description.

10.7 „Global-Desk“ endeavours to meet agreed deadlines. However, failure to meet them only entitles the customer to assert the rights available to it by law once a grace period of at least 14 days granted after a written reminder has expired unused. Any resulting claims based on warranty or damages exist only in the event of intent or gross negligence on the part of „Global-Desk“. Unavoidable or unforeseeable events — in particular delays on the part of its contractors — do not give rise to the consequences of default.

§ 11

Acceptance of services

11.1 Individually created work results (for example IT networks, installations) require acceptance of the respective part concerned no later than two weeks after delivery by „Global-Desk“. The individual parts and the dates envisaged for this are determined by the contracting parties; acceptance is confirmed by the customer in a record (examination for correctness and completeness against the service description accepted by both contracting parties). If the customer allows the two-week period to pass without expressly declaring acceptance, the service rendered is deemed accepted as at the end date of that period. Where the software is used by the customer in live operation, it is deemed accepted in any event.

11.2 Likewise, services rendered by „Global-Desk“ require acceptance by the customer no later than two weeks after the service has been rendered. The dates envisaged for this are determined by the contracting parties; acceptance is confirmed by the customer in a record (examination for correctness and completeness against the service description accepted by both contracting parties). If the customer allows the two-week period to pass without expressly declaring acceptance, the service rendered is deemed accepted as at the end date of that period.

11.3 Any defects that occur — that is, deviations from the service description agreed in writing — must be reported by the customer to „Global-Desk“ in writing with sufficient documentation. „Global-Desk“ endeavours to remedy defects as soon as possible. Where material defects have been reported in writing — meaning that live operation cannot be started or continued — a fresh acceptance is required after the defects have been remedied.

§ 12

Remote maintenance, maintenance, monitoring and support

12.1 So that „Global-Desk“ can support the customer quickly in a warranty case or for other assistance, remote maintenance access and/or monitoring software may be set up. Each contracting party bears the costs arising on its own premises (for hardware, software, telephone lines and so on). The two contracting parties jointly decide on the technical approach and the relevant security aspects. „Global-Desk“ is in particular entitled to implement software at the customer’s premises that enables it to carry out proper monitoring and remote maintenance. No transfer of rights in this software to the customer is associated with this; the installation must be deleted after the end of the contract.

12.2 The customer is free to restrict access for remote maintenance, for example to particular times of day, to particular employees of „Global-Desk“ or according to other criteria.

12.3 Where „Global-Desk“ suffers a disadvantage or additional expenditure as a result of the unavailability of the monitoring software and/or the remote maintenance access for which the customer is responsible, the additional expenditure may be invoiced to the customer separately. „Global-Desk“ is not liable for any damage arising from the unavailability of the monitoring software and/or the remote maintenance access.

12.4 After the start of live operation, further support may be provided by way of maintenance and support. The precise time of handover into support and the details of that handover are determined jointly by the contracting parties. A separate maintenance contract is concluded regarding maintenance and the scope of the services to be rendered by „Global-Desk“ in this context.

§ 13

Warranty for services and damages

13.1 The customer must assert and substantiate any complaints in writing to „Global-Desk“ within one week after the service has been rendered. The notice of defects must contain a specific description of the defects in the greatest possible detail. Sufficient documentation of the defects must be provided within two weeks of their occurrence. Where the complaint is justified and made in good time, the customer is entitled only to rectification of the service. Claims for a reduction in payment or for rescission are available to the customer only, and only once, the attempts by „Global-Desk“ to remedy the defects have failed even after three months — or, in the case of more complex defects, within a longer reasonable period. The presumption of defectiveness under § 924 ABGB is deemed excluded.

13.2 Any liability of „Global-Desk“ for damage is excluded by mutual agreement unless intent or gross fault on the part of „Global-Desk“ in breaching principal contractual obligations is proven. The customer’s warranty rights remain unaffected in accordance with these Terms. Claims by the customer for consequential damage caused by a defect are excluded in any event. Any liability of „Global-Desk“ in damages is limited, both for personal injury and damage to property and for financial loss, to the order value.

13.3 „Global-Desk“ expressly gives no warranty in the event that a service rendered or a measure recommended by it does not achieve any, or does not achieve the hoped-for, development or optimisation result or similar.

13.4 „Global-Desk“ accepts no liability whatsoever for documents of the customer handed over for processing. The customer is, however, liable for ensuring that the documents it makes available and hands over for processing do not infringe the rights of third parties, may be used within the scope of the contractually intended purpose and do not contravene applicable law. If the customer subsequently becomes aware that the documents it has transmitted are unsuitable for use, it must inform „Global-Desk“ of this without delay and reimburse any additional costs arising as a result.

13.5 The customer alone is responsible for compliance with statutory provisions, in particular those of data protection, copyright, competition or trade mark law, in relation to measures that are implemented. Any liability of „Global-Desk“ is therefore excluded in any event. The customer undertakes to indemnify and hold harmless „Global-Desk“ against any third-party claims based on such an infringement.

13.6 The customer will obtain any necessary licences itself and at its own expense. It indemnifies „Global-Desk“ against all liability for infringements of intellectual property rights and will indemnify and hold „Global-Desk“ harmless in this respect, unless the examination of industrial property rights is expressly the subject matter of the order.

§ 14

Termination of contract

14.1 A services order ends upon expiry of its contractually determined term without any need for notice of termination. Unless terminated three months before expiry, it is extended by 12 months. In the event of a change to the contract or an increase in the number of devices included within the contract term, the maintenance contract is extended by three months for each additional device (PC or server). The fee for the maintenance contract is adjusted from activation of the device in the amount stated in our offer. The remaining contractual conditions remain unaffected by additional devices; please refer to the separately concluded maintenance contract.

14.2 Where the order has been placed for an indefinite period, the minimum term of the services order is 12 months. It is extended by a further 12 months in each case unless terminated observing a notice period of at least three months before expiry of the 12 months.

14.3 The right to terminate the contract with immediate effect for good cause remains unaffected.

III. Provisions common to sales transactions and services

§ 15

Payment

15.1 Invoices are payable immediately upon receipt, at the latest within eight (8) days of the invoice date, without deduction and before the goods are collected. „Global-Desk“ is entitled to make deliveries conditional on advance payment.

15.2 Payments are made in good time if they have been received in cash by „Global-Desk“ on the due date or on the last day of the payment period, or have been irrevocably credited to its account.

15.3 The customer falls into default of payment automatically and without a reminder upon expiry of the payment period.

15.4 If the customer is in default with even a single payment, „Global-Desk“ is entitled:

a) to charge reminder fees of EUR 40.00 net for each (own) reminder;

b) to charge all costs incurred for collection measures by third parties (lawyers’ fees or debt collection agency costs) in accordance with the applicable lawyers’ tariff or the provisions of the Austrian Debt Collection Fees Regulation;

c) to apply payments first to cover accrued costs, then to cover accrued default interest and then to the oldest debt (any allocation of payments by the customer is hereby agreed to be irrelevant);

d) without prejudice to the right to assert further damage caused by default, to demand default interest at the statutory rate (this rate is to be set correspondingly higher if „Global-Desk“ itself has to bear a higher rate of interest);

e) to claim a reasonable extension of the delivery period, whereby the period of default of payment constitutes in any event a reasonable extension period (this provision applies to cases in which the delivery period would already have begun before payment was received in full on the basis of a corresponding agreement);

f) to withhold further deliveries;

g) where payment in several instalments of the purchase price has been agreed, to accelerate the entire outstanding balance of the purchase price;

h) to withdraw from the contract if a reasonable grace period is not observed and to assert any claims for compensation.

15.5 „Global-Desk“ is free to charge the customer with all costs incurred in connection with the outstanding liability.

15.6 Set-off on account of any counterclaims is permissible only with counterclaims of the customer that have been recognised by „Global-Desk“ or established with final legal effect, and in the event of insolvency of „Global-Desk“. Customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG) are additionally entitled to set-off in respect of counterclaims that are legally connected with the liability of the business partner.

15.7 Compliance with the agreed payment dates constitutes an essential condition for performance of the contract by „Global-Desk“. Failure to comply with the agreed payments entitles „Global-Desk“ to suspend the work in progress within one week of written notice and to withdraw from the contract. All associated costs and the loss of profit incurred by „Global-Desk“ are to be borne by the customer.

15.8 If the payment terms are not complied with, or if circumstances become known that are liable to reduce the customer’s creditworthiness, „Global-Desk“ is entitled to demand advance payments for services still outstanding.

15.9 Payments can only be made with discharging effect directly to „Global-Desk“. If several claims against the customer are outstanding, payments by the customer are applied to the oldest claim in each case. Application is always made first to any costs, then to interest and lastly to the principal claim.

§ 16

Duty of confidentiality

16.1 „Global-Desk“ obliges its employees to observe the duty of confidentiality under data protection law. „Global-Desk“ hereby undertakes to the customer to maintain confidentiality regarding all matters that become known to it about the customer in connection with its activity and that are not intended for the public. „Global-Desk“ will ensure that this confidentiality obligation is also complied with by its employees and agents. This duty of confidentiality also applies after the end of the order.

16.2 This contractual duty of confidentiality does not, however, apply in the context of court proceedings or vis-à-vis a professional party representative who is himself bound to confidentiality, in particular in a judicial or extrajudicial dispute with the customer (for example an action for fees), insofar as this is necessary to safeguard the rights of „Global-Desk“.

16.3 Notwithstanding this duty of confidentiality, „Global-Desk“ is entitled, until revoked in writing, to include the customer and, where applicable, a brief description of the services rendered for it in its reference list, and to use this information for advertising and presentation purposes in any fair manner, including in particular on the internet. Otherwise, any publication of work results by one of the contracting parties that goes beyond the fact that an order has been placed and its basic parameters (company name and address, rough listing of the areas of application to be covered, approximate number of users and similar) requires the demonstrable consent of the other contracting party.

§ 17

Choice of law, place of jurisdiction

17.1 These Terms and the contracts supplemented by them are governed by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and to the exclusion of the conflict-of-law rules of private international law and of Rome I.

17.2 For all disputes arising from the contractual relationship, where the customer is an entrepreneur, a legal entity under public law or a special fund under public law, or has its domicile or principal place of business outside Austria, the court having subject-matter jurisdiction for A-6370 Kitzbühel, Tyrol, Austria, shall have exclusive jurisdiction. „Global-Desk“ is, however, also entitled to bring an action against the customer at its principal place of business. The place of performance is A-6370 Kitzbühel, Tyrol.

§ 18

Data protection

18.1 „Global-Desk“ stores and processes personal data such as name, address (postal address, email address, telephone number and any fax number) and, in the case of direct debit, also the customer’s bank details. „Global-Desk“ further stores and processes data of natural persons named to „Global-Desk“ by business partners as contact persons. Processing, in particular disclosure, of personal data takes place exclusively to the extent necessary for the performance of this contract and within the framework of data protection law (GDPR, Austrian Data Protection Act).

18.2 With regard to the data processing to be carried out by „Global-Desk“, the customer has the following rights:

• Right of access (Art 15 GDPR): the customer has the right to request information as to which of its data „Global-Desk“ processes and for what purpose.
• Right to rectification (Art 16 GDPR): should the data processed by „Global-Desk“ be or become incorrect, the customer may request that the data be corrected.
• Right to erasure (Art 17 GDPR): since the processing of the data is based on contract, the customer can only request erasure of its data from „Global-Desk“ once the purpose of the data processing (for example storage of bank details or similar) has been definitively fulfilled or once statutory retention periods have expired.
• Right to restriction of processing (Art 18 GDPR): instead of complete erasure of its data, the customer may request restriction of processing, for instance where its data is only to be used for particular purposes.
• Right to data portability (Art 20 GDPR): the customer has the right to receive the personal data processed from „Global-Desk“ in a structured, commonly used and machine-readable format and to request that it be transmitted to other controllers.
• Right to object (Art 21 GDPR): the customer has the right to object to the processing of its data on grounds relating to its particular situation. Further details on these rights can be found in the General Data Protection Regulation at eur-lex.europa.eu.

18.3 For further information on data protection, reference is made to the privacy policy on the website of „Global-Desk“ at www.global-desk.com.

§ 19

Final provisions

19.1 Amendments, supplements and side agreements to these Terms, as well as assurances of any kind, require written form in order to be effective. This also applies to any agreement to depart from this formal requirement.

19.2 Should individual provisions of these Terms or of the contracts supplemented by them be wholly or partly invalid, the validity of the remaining provisions remains unaffected. In such a case, a new provision will be agreed in place of the invalid provision which corresponds to, or comes closest to, the economic purpose of the invalid provision.

§ 20

Additional provisions for AI-supported services

20.1 Within the scope of its services (Chapter II, §§ 8 to 14), „Global-Desk“ also offers the integration, configuration and adaptation of systems based on methods of artificial intelligence (AI), in particular generative language models (so-called „large language models“) („AI-supported services“). For AI-supported services, the following provisions apply in addition to §§ 8 to 14; in the event of conflict, these additional provisions prevail.

20.2 For this purpose, „Global-Desk“ regularly uses software and cloud services of external providers (for example Anthropic, Microsoft or comparable providers). In this respect, „Global-Desk“ is not the manufacturer of the underlying AI models and gives no warranty as to their availability, functioning or future change (for example changes to the pricing, functionality or terms of use of the respective third-party provider). § 7.3 and § 7.4 apply mutatis mutandis.

20.3 Content, texts, recommendations, classifications or other results generated by AI systems („AI results“) may be incorrect, incomplete or, in individual cases, inappropriate. „Global-Desk“ gives no warranty as to the substantive accuracy, completeness or suitability of AI results for any particular purpose. The customer is obliged to have AI results checked and approved by a suitably qualified person before they are used in live operation, in particular before legally or economically significant decisions. Liability of „Global-Desk“ for damage arising from the unchecked adoption of AI results is excluded; § 5 and § 13 otherwise apply unchanged.

20.4 Where, in the course of an AI-supported service, personal or otherwise confidential data of the customer is transmitted to an external AI service provider, this takes place exclusively to the extent necessary for rendering the service. Insofar as this constitutes processing on behalf of a controller within the meaning of Art 28 GDPR, „Global-Desk“ will conclude a corresponding agreement with the respective third-party provider or verify that such an agreement is in place; § 18 applies in addition. On request, the customer will be informed about the third-party providers used and may restrict the transmission of particular categories of data; any resulting limitations of the service are not to the detriment of „Global-Desk“.

20.5 Responsibility for the legal admissibility of the specific intended use of an AI-supported service (in particular under Regulation (EU) 2024/1689, the „AI Act“, as well as under copyright, data protection or employment law provisions) lies with the customer; § 13.5 applies mutatis mutandis.

20.6 These additional provisions supplement the Terms of „Global-Desk“ and, in the event of conflict, prevail over the general provisions of §§ 8 to 14. All other provisions of these Terms remain in force unchanged.

Global-Desk GmbH · Kirchberger Straße 84 · 6370 Kitzbühel · August 2026