I.             IQxperts Terms and Conditions
(Date: June 2010)

1.      Scope

• The following terms and conditions apply for all contracts and contractual relations between IQxperts GmbH (referred to below as "IQxperts") and the customer. Furthermore, they govern the use of the www.IQxperts.com website including all subpages within the site (referred to below as "the website").
• These Terms and Conditions also apply for all future transactions and agreements between the parties, even if not explicitly agreed upon at the conclusion of the contract. Any additional subsidiary agreements must be made specifically and are only binding if provided in written form. Provisions stated in agreements with the customer or special terms take precedence.
• IQxperts shall be entitled to change these Terms and Conditions any time without giving any reason.
• Any other customer terms and conditions not expressly accepted in writing by IQxperts will be considered non-binding, even if they have not been expressly contradicted.
• If these terms and conditions are given in different languages, only the German version will be legally binding.

2.     Services Provided by IQxperts

IQxperts provides assistance relating to the professional challenges in the technical commercial, social and mental sectors.

• Downloads: on the website the customer can purchase digital data and documents, e.g. e-books (guides and manuals), audio and video files (listening texts and videos), samples and guidelines, reports, check lists, instructions/tutorials, and software programs.
• Training Courses & Seminars: IQxperts provides training courses and seminars on-site and over the internet (webinars) covering the range of sectors mentioned above.
• "@sk the Xperts": within the range covered by IQxperts, the @sk the Xperts service provides client-specific assistance by experts in the relevant field by means of modern communication technologies (tickets, Skype, telephone, etc.).

3.     Registration

• Customers must register to use IQxperts services. The registration is free of charge. To register the customer needs to truthfully complete the required fields on the registration form and read and accept these Terms and Conditions. The customer is obliged to keep this information up to date. Business customers are furthermore obliged to enter their value added tax (VAT) identification number. The customer is not allowed to create more than one account.
• IQxperts will confirm receipt of the registration request via email. This email includes a confirmation link. The customer must complete the registration by clicking on the confirmation link.
• On completing the registration the customer will receive access to their personal account in the Customer Center on the website. The customer is obliged to keep the access data safe and not to disclose or share it with anyone. 

4.     Customer Center

The Customer Center provides an overview of the client's personal data and the services booked by the customer. The customer center is divided into four sections:

• The customer account is used to administer the customer's personal data.

• Every customer is provided with a “credits”-account in which advance payments can be made. Unless otherwise expressly agreed, the services provided by IQxperts must be paid for in advance. The prepaid and unused amounts expire if the client does not perform any transactions in the payment account for a period of three years.

• The "Ticket management" system acts as a communication platform for the @SK the Xperts Service. Via the ticket management system the customer can put a question, follow questions in process and access questions that are already closed until they are archived.

• Under “Training“ the customer is provided with an overview of the booked training courses and seminars, and also updated information about the holding of these events, in particular notifications about changes to the date on which they will be held, or venue, and cancellations.

5.     Confidentiality of the Access Data and Data Abuse

• The user name and the password are used to personally identify the client. The passing of the access data to other people is explicitly forbidden.

• The customer acknowledges that third parties can place orders at IQxperts in the name of the customer, if they know the access data. The customer is responsible for the confidentiality and security of their user name and password.

• If the customer knows or believes that a third pay may have access to, or know, their user name or password, the customer is furthermore obliged to contact IQxperts immediately and to change the password, to prevent further misuse of the account.

• The client is liable if the access data is used without authorization.

6.     Order and Delivery

Unless otherwise provided, orders shall be placed electronically, directly via the website, in German or English.

• Orders by the customer are deemed to be offers to conclude a contract in accordance with these Terms and Conditions. IQxperts has the right to accept this offer within 2 weeks.
• The ordering procedure consists of three steps:
  • Click on "Checkout": You then see the selected products and, if relevant, the number of selected licences.
  • Selection of the payment method. You can choose one of three payment methods:
    1. Pay with “credits” (prepayment)
    2. Payment via PayPal
    3. Credit card payment
• Click on "Confirm order": You then see your order and you can correct any typing errors. By submitting the order you declare that you accept the Terms and Conditions and confirm the order.
• IQxperts will accept the order by email or directly through the Ticket Management system on the website.
• IQxperts reserves the right to refuse orders without giving a reason, In particular, orders can be refused if the ordered goods and services are no longer available. In this case the customer will be contacted and informed immediately.

Note: The digital products mentioned will be exclusively delivered to the customer as downloads. IQxperts is not liable to deliver a physical data storage medium (CD, DVD, etc.). This also applies to any documentation and manufacturer's notices.

7.     Billing, Payment Terms, Delay

• Unless otherwise specified, the invoice will be transmitted to the customer via the email address stored in the Customer Center.
• All prices are net, and in Euros. When the customer registers, the prices shown will take into account - as to the applicable VAT - Austrian tax law. Prices are to be paid in full.
• Customers must make payments by the stipulated dates to enable the delivery of IQxperts services. In the case of late payment IQxperts reserves the right, to put current works and services for the customer on hold and to dissolve the contract with immediate effect after an unsuccessful reminder. All costs caused by the payment delay (reminders, intervention of debit collection agencies or lawyers) as well as loss of profit are to be compensated. Furthermore the client is obliged to pay interest as damages for delay, according to terms that are customary in the banking industry.
• Unless otherwise explicitly agreed, IQxperts is authorized to carry out services only on prepayment to the payment account up to the invoice amount due for the order.

8.     Right of Cancellation for Consumer

If the customer is the consumer, they may declare that they wish to cancel the contract without giving any reason. The cancellation period lasts 14 days and commences on the day of the receipt of the mail confirming the customer's order including the notification of their right to cancel the contract. The cancellation will be accepted as valid if the customer sends the declaration electronically or otherwise on the last day of the cancellation period.

Special notifications:
The right of cancellation does not apply to contracts relating to services which, according to the agreement, are to be delivered within 14 days after the conclusion of the contract and/or for the supply of services produced according to customer specifications or clearly tailored to personal needs.

In the case of downloads (see point 2.a.) the customer receives a confirmation mail containing a download link, so, according to the agreement, IQxperts supplies its service immediately after the order. The customer is free to cancel the contract within 14 days. The right of cancellation expires as the consumer accesses downloadable files. The downloading of digital data is to be seen as the breaking of the seal of audio or video recordings or of software on data media.

9.     Prohibition against Off-setting

Unless the customer's claims are expressly accepted in writing by IQxperts and have been deemed enforceable, the customer does not have the right to offset their own claims against demands for payment, no matter of what kind.

10. Lesion beyond moiety (laesio enormis) and Error

The customer shall not be able to avoid and/or adapt the contract on the ground of error and/or cancel the contract if they receive less than half of the fair value of the consideration (lesion beyond moiety or laesio enormis). This provision does not apply if the customer is a consumer in the sense of § 1 Konsumentenschutzgesetz (Austrian consumer protection act).

11.  Caveat Emptor and Other Liability

• IQxperts accepts no liability for the up-to-dateness, correctness, completeness or quality of the information provided.

• Liability claims against IQxperts which relate to material or non-material damage caused by the use or non-use of the documents, software, information and services provided or by the use of erroneous and incomplete documentation, software, information and services, are precluded. However, IQxperts accepts liability if the customer proves that the damage has been caused by willful or gross negligence on the part of IQxperts. Compensation for consequential damage and economic loss, unachieved savings, interest losses, lost profits, frustrated efforts and damages arising from claims against IQxperts by third parties are precluded in each case. Insofar as the liability for damages cannot be excluded by this contractual agreement, it will be capped at the value of the fee due for the current business transaction.

• All claims for defects arising from this order, especially claims for damages and warranty claims, shall be subject to a prescription period of six months after provision and handover of the agreed service, without exception.  The assumption in Austrian law § 924 ABGB "Mangelhaftigkeit zum Zeitpunkt Übergabe" (deficiencies at the time of handover) is precluded.

• The supplier must be informed of visible or recognizable defects in writing (by e-mail, fax or letter) without delay. This also applies to hidden defects that are revealed or are apparent within the warranty period. If IQxperts staff or assistants (employed in performing an obligation) do not fulfill the contract in an orderly way, for no matter what reason, then the customer must inform IQxperts of this without delay – or all recourse claims shall be forfeited.

• The customer alone is responsible backing up their own data. IQxperts accepts no liability for the loss of customer data (on their PC or server).

12. Use and Duplication

• All documents, software and information provided or purchased by IQxperts are exclusively for the private or in-house use of the customer. Any use of them by the customer for commercial purposes involving third parties is not permitted. The same applies to their transfer to third parties or use by third parties. 
• It is only permitted to duplicate the software insofar as permitted according to the terms of the license agreement made in the contract. The user may create the necessary backup copies of the software in accordance with good technical practice. Backup copies on mobile data media are to be marked as such and are to be given the copyright notice (Copyright IQxperts). It is only permitted to duplicate the documents and information insofar as is necessary for use in accordance with the terms of the contract.

13. Intellectual Property/Trademark

• The ownership and all intellectual property rights to all documents (manuals, templates, reports, checklists) remain the property of IQxperts. IQxperts will retain the copyright even if the customer carries out modifications, and the customer will not be entitled to compensation.
• It is not permitted to use or employ any trade marks, logos or distinguishing marks without explicit permission from IQxperts.

14. Contractual Penalty and Damages

• To ensure that the customer protects the intellectual property rights of IQxperts, which is essential for the business model, the parties agree that, if these intellectual property rights are damaged, especially by contravention of the regulations in points 12. and 13., or the "Software" license terms, by the customer, then a compensation payment of Eur 10,000 per contravention shall be considered appropriate. (Examples of contravention include use of a file for third parties, its handover to a person who is unauthorized to use it, etc.). If an instance of damage to these intellectual property rights is persistent or occurs in the context of the customer's commercial activity, it is agreed that the appropriate compensation payment per contravention will be Eur 75,000. Judicial discretion is precluded with regard to commercially active customers. IQxperts specifically retains the right to make other claims for compensation.
• In the case of contravention of the regulations in points 12. and 13., IQxperts is also entitled to completely remove the customer's use rights without compensation. If the customer receives compensation payments this does not give them any rights of property or use with regard to the documents, information and programs involved.

15. Commissioning of Third Parties/Transferability

• The customer agrees that IQxperts will involve other companies (subcontractors) or task other companies with the provision of the services or parts thereof, to provide its services.
• If subcontractors are involved by IQxperts, then the contractual agreements will be structured in such a way that they correspond to the requirements that must be met, relating to confidentiality, data protection and data security, resulting from these Terms and Conditions.

16. Data Privacy Declaration of Agreement

• By creating a customer account the customer declares themselves in agreement with the fact that their customer data will be processed electronically and saved by IQxperts in the framework of the contractual relationship. IQxperts declares that the customer data will be used exclusively for the processing of the contractual services and for informing the customer by IQxperts (newsletter, information about new services & products, and special offers from IQxperts, measures to increase customer satisfaction, and comparable customer enquiries). Otherwise, the customer's contact data will not be passed on to other parties.
• The customer can cancel this consent in writing (by e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) at any time.

17. References

Corporate customers grant IQxperts the irrevocable right to use their company name, including company logo, as a reference, even after the contractual relationship ends.

18. Website Availability

IQxperts can restrict access to the website if required to ensure the security of network operation, or maintain the integrity of the network, or, especially, to prevent serious disruptions to the network, the Software or saved data. IQxperts specifically retains the right to change, add to, delete, or temporarily or permanently cease publication of parts of the website or the entire offering. Existing contractual obligations remain unaffected by such measures. In these cases, customer claims for compensation are precluded.

19. Applicable Law & Place of Jurisdiction

• Applicable law: Austrian law (with the exclusion of UN commercial law) applies for all legal relations between the customer and IQxperts, even when the order is performed outside Austria.

• Place of performance: The place of performance for all services provided by IQxperts is the registered office of IQxperts.

• Place of jurisdiction: claims against IQxperts can only be raised at the competent court at the place of the IQxperts registered office. This place of jurisdiction also applies for claims made by IQxperts, although IQxperts is entitled to assert their rights at any other competent local court.

• Place of jurisdiction for consumers: the general place of jurisdiction at the consumer's registered office applies for claims by and against consumers. The default general place of jurisdiction in Austria for claims by or against a consumer on conclusion of contract with IQxperts is also retained if the consumer relocates their registered office to a different country, outside Austria, after conclusion of the contract, and Austrian legal judgments decisions are enforceable in that country.

20. Severability Clause

• If a provision of these Terms and Conditions or the contract concluded between the parties is or becomes entirely or partially invalid or null and void, this shall not affect any other provisions of this agreement. The parties are obligated to agree on what is in a legally valid way the closest to the intention of the contracting parties as formulated in this agreement.

• If provisions of these Terms and Conditions need to be interpreted or supplemented, they shall be interpreted or supplemented in such a way as to take the utmost account of the purpose and contents of the contract, and also the presumed will of the contractual partners, if they had recognized the need for this interpretation or supplementation. The same applies for gaps in the existing rules.

I.             Licensing Terms for Software

These Licensing Terms are to be read in conjunction with the Terms and Conditions (see above)|.

1.      Products

The following licensing terms apply to the products mentioned below:

• Master Timing (Software)
• Resource- and Milestone (Software)
• Project Documentation (Software)
• Statistical Process Controlling (SPC)
• Balanced Score Card (BSC)

2.     Rights of Use

• The customer, under the terms of the contract, is granted the simple, non-exclusive, non-transferable right of use for the purchased software for an unlimited period of time. The customer does not acquire any further rights through this agreement. IQxperts reserves all rights of distribution, exhibition, performance or publication of the software. Unless explicitly otherwise agreed, this applies analogously to the rights of editing and copying.
• The right of use for the purchased software is granted solely to the customer. The customer may only transfer the right to their employees and assigned freelancers in the context of projects performed solely for the customer. The use of the purchased software outside the customer's company – regardless of what type of use – is forbidden.

3.     Selection and Types of Licenses

• The granted license entitles the customer to install and use the purchased software under the terms of the contract. A license is required for each work station/end user device from which the software is, or can be, used (locally on a personal computer or remotely over a network). . The customer is responsible for ensuring that they have always purchased sufficient licenses.
• The customer selects the license within the process of ordering over the website. The customer can choose among three types of licenses:
  • Single user license: use at 1 work station only
  • Small business license: use at up to 10 work stations
  • Enterprise license: use at up to 50 work stations
• To use the software at over 50 work stations, please contact IQxperts for an individual license agreement.

II.         Special Terms „Training Courses & Seminars”

These Special Terms are to be read in conjunction with the Terms and Conditions (see above)|.

1.      Prices, Scope of Services, Registration Periods, Minimum Attendance and Terms of Payment

The price, scope of services, registration periods, minimum attendance and the terms of payment are specified in the description of each training course or seminar on the IQxperts website.

2.     Reservation, Rebooking, Cancellation

Unless explicitly otherwise agreed, reservations must be made via the reservation tool on the IQxperts website. After the reservation the customer receives the invoice via email sent to the address stored in the customer account.

Rebookings are free of charge for the customer and must be made before the end of the registration period. Unless otherwise explicitly agreed, rebookings must be made via the reservation tool on the IQxperts website.

Cancellations before the end of the registration period are free of charge for the customer and, unless explicitly otherwise agreed, must be made via the reservation tool on the IQxperts website. Cancellations after the end of the registration period must be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it and, unless explicitly otherwise agreed, follow the terms of payment that apply to that particular training course or seminar.

3.     Minimum Attendance

The description of each training course and seminar specifies a minimum number of participants. IQxperts reserves the right to cancel or postpone a training course or seminar if insufficient reservations are made for that particular training course or seminar. In this case, IQxperts will either refund the participant fees or send a credit note for this sum to the customer's account, as the customer requests.

4.     Changes and Cancellations by IQxperts

IQxperts reserves the right to make any necessary changes to the program of the training course or seminar. Unless otherwise explicitly agreed, the customer will be informed about these changes via the IQxperts website. Information about the current status can be accessed under the "Training" menu item in the customer center. The customer is responsible for keeping themselves informed about the seminars they have booked. The customer is also to bear the risk of postponement or cancellation due to unforeseen events (e.g. trainer falling ill).