General Terms and Conditions

Compliance-Kit — Compliance documentation kits

Note: The English version is provided for convenience. The German version (AGB) is binding for legal interpretation.

§ 1 Scope and contracting parties

(1) These General Terms and Conditions ("Terms") apply to all contractual relationships between

Ens Naturale e.U.
Neustiftgasse 101/1/10, 1070 Vienna, Austria
Commercial register number: FN 537325i, Vienna Regional Court
VAT-ID: ATU77750319
Owner: Cosmin Birtalan
Email: office@compliance-kit.eu
Website: https://compliance-kit.eu

(hereinafter "Provider") and its customers (hereinafter "Customer").

(2) Contract language is German (English provided for convenience). The Provider supplies services under the brand "Compliance-Kit".

(3) These Terms apply exclusively to entrepreneurs within the meaning of § 1 KSchG. By concluding the contract, the Customer expressly confirms acting as entrepreneur in exercise of its commercial or self-employed professional activity. Contracts with consumers are not concluded.

(4) The Customer's terms do not apply, even if the Provider does not expressly object to their application in individual cases.

(5) Provider's professional designation: Services in automatic data processing and information technology. State of award: Austria. Supervisory authority: Vienna Chamber of Commerce (WKO Wien). Applicable legal provisions: Trade Act 1994 (GewO 1994), available at ris.bka.gv.at.

§ 2 Scope of services and conclusion of contract

(1) The Provider offers digital compliance documentation packages (hereinafter "Kits") in three editions:

Plus additional offerings:

(2) The presentation of products on the website does not constitute a binding offer, but an invitation to the Customer to submit an offer.

(3) By placing an order via the checkout process, the Customer submits a binding offer to conclude the contract. The contract is concluded upon the Provider's confirmation email or upon provision of the download links — whichever occurs first.

(4) In the checkout process, the Customer has the option of selecting the optional multi-company licence (see § 6). This must be actively selected at the conclusion of contract.

(5) The Provider reserves the right to reject or withhold orders without giving reasons, in particular in the case of justified suspicion of abusive use.

§ 3 Delivery

(1) Delivery occurs exclusively electronically by providing download links via email to the email address specified by the Customer.

(2) Delivery time: within 1 to 3 business days after successful payment receipt.

(3) The templates are personalised with the Customer's company name before delivery. The Customer ensures that the company data provided during the ordering process (company name, registered office, legal form) is correct and complete. There is no right to free re-personalisation in case of incorrect data provided by the Customer.

(4) Download links are valid for 7 days from provision. On the Customer's request by email to office@compliance-kit.eu, the link can be extended once for a further 7 days.

(5) The Customer is obligated to back up the downloaded files. A renewed provision after expiry of the extension period is at the Provider's discretion and may involve a processing fee.

§ 4 Prices and payment

(1) The prices shown on the website at the time of the order apply. All prices are plus statutory VAT (20% standard rate Austria).

(2) Payment is made exclusively via the payment service provider Paddle as Merchant of Record. The buyer's contractual counterparty for payment processing depends on the buyer's domicile:

With the order, a payment contract is concluded between the buyer and the responsible Paddle entity. Paddle issues the invoice with VAT shown and handles B2B reverse-charge with a valid VAT-ID. Data transfer to the United Kingdom is based on the European Commission's adequacy decision (EU) 2021/1772 (valid until 27 June 2027); data transfer to the USA is based on the Standard Contractual Clauses (Implementing Decision 2021/914) and, where applicable, the EU-US Data Privacy Framework. Details: Privacy Policy section 4.1.

(3) Accepted payment methods are shown in Paddle's checkout process and may vary by country and availability (typically: credit card, SEPA Direct Debit, PayPal, Apple Pay, Google Pay).

(4) Delivery of the templates only occurs after successful payment receipt at Paddle.

(5) In case of payment default, the Provider reserves the right to withhold or cancel the contract.

§ 5 Standard licence

(1) With the conclusion of the contract, the Customer acquires a non-exclusive, non-transferable, unlimited in time right of use of the downloaded templates for its own company.

(2) The standard licence extends to:

(3) Within the licensed company, the templates may be used for an unlimited number of employees, sites and internal processing operations.

(4) Permitted uses include in particular:

(5) Prohibited in particular:

(6) The Customer retains the ownership rights to the downloaded Word templates permanently. There is no cloud dependency or ongoing activation.

(7) Business-closure clause: In the event of business closure, sale or insolvency of the Provider, the Customer's rights of use of the templates already delivered remain unaffected. The Customer may continue to use them indefinitely. Update obligations under § 7 end in this case with the last delivered version.

§ 6 Multi-company licence (add-on)

(1) The Customer can optionally purchase an extended multi-company licence in the checkout process (50% surcharge on the standard price).

(2) The multi-company licence extends the rights of use from § 5 to up to three (3) additional, legally independent companies without a corporate group link within the meaning of § 15 AktG.

(3) The three additional companies must be named by the Customer at conclusion of the contract with full address in the order process. Subsequent naming or exchange of the licensed companies is excluded.

(4) Within the named companies, the use provisions from § 5 apply accordingly.

(5) The multi-company licence does not include passing on to additional third parties. The provisions from § 5 (5) apply unchanged.

§ 7 Buy once, always up-to-date

(1) The purchase price of all tiers (Basis, Plus, Komplett) includes buy once, always up-to-date for the respective kit purchased.

(2) The Provider provides updated versions of the templates as long as the kit is continued in its current conceptual version ("Major Version"), in particular for:

(3) Definition "Major Version": A major version comprises the current conceptual version of the kit with its fundamental structure, its scope and its essential document categories.

(4) Exclusion in case of substantial restructuring: Should a regulation come into force that substantially replaces the existing regulation (in particular affecting more than 50% of the kit content or with a complete redefinition of the scope), a new major version arises. Examples of a new major version would be a complete reform of the GDPR or a completely new AI Act after 2030 replacing the current Regulation (EU) 2024/1689.

(5) Existing customers with major updates without time limit have, in such a case, no claim to a free new major version, but receive a 50% discount on the first acquisition of the new major version.

(6) Updates are sent by email to the address specified at checkout. The Customer is obliged to notify address changes in good time.

(7) There is no claim to a specific update frequency or a specific update volume. The Provider is entitled to design updates in terms of content and form at its own discretion.

§ 8 Money-back guarantee*

(1) The Provider warrants the technical correctness of the templates at the time of delivery. The templates are based on:

(2) Money-back guarantee: Should a content contained in the templates prove to be legally provable incorrect, the Provider refunds the Customer the full purchase price plus documented consequential costs up to the amount of the purchase price (so in total no more than 2× the purchase price).

(3) Requirements for claiming the money-back guarantee:

a) The defect is reported in writing to office@compliance-kit.eu within 60 days from the delivery date,

b) the Customer submits a substantiated defect justification, confirmed by one of the following sources:

c) the defect concerns an objectively incorrect or unlawful content statement of the templates, not a mere adaptation recommendation or stylistic question.

(4) The money-back guarantee does not cover:

(5) The money-back guarantee applies in addition to statutory warranty rights and constitutes a contractual bonus. The Customer's statutory rights remain unaffected.

(6) Processing takes place within 14 business days after receipt of the complete defect notification with evidence.

§ 9 Withdrawal

(1) Since these Terms apply exclusively to contracts with entrepreneurs within the meaning of § 1 KSchG, there is no statutory right of withdrawal under §§ 3 ff. FAGG (Austrian Distance and Off-Premises Contracts Act) or under Austrian consumer protection law.

(2) Should an exceptional contract with a consumer arise, the following applies: With the express consent of the Customer to the start of delivery before expiry of the withdrawal period and the Customer's confirmation that it loses its right of withdrawal through the start of contract performance, the right of withdrawal pursuant to § 18 (1) Z 11 FAGG (or § 356 (5) BGB for German consumers) expires.

(3) With the start of the download of the templates, full contract performance within the meaning of paragraph 2 has been carried out.

§ 10 Contractual penalty for licence violation

(1) In case of intentional or grossly negligent violations of the licence provisions from § 5, § 6 or § 12 — in particular in case of:

the Customer commits to pay a contractual penalty of EUR 10,000 (ten thousand euros) per case of violation.

(2) In addition to the contractual penalty, the Provider reserves the right to claim damages for the proven actual damage to the extent that this exceeds the contractual penalty. The contractual penalty is offset against any further claim for damages.

(3) The Customer is entitled to prove a lower damage of the Provider. In this case, the contractual penalty is reduced accordingly, but is at least three times the original licence price of the affected templates.

(4) Multiple violations are counted as separate cases of violation, provided they do not result from a uniform act.

(5) The Provider reserves the right, in case of proven violations, additionally:

(6) This clause applies for the contract duration and beyond.

§ 11 Limitation of liability

(1) The Provider is liable without limitation for:

(2) In case of simple negligence, the Provider is liable only for breach of essential contractual obligations (cardinal duties) and limited to the foreseeable damage typical for the contract, but no higher than the purchase price of the templates concerned.

(3) Any further liability is excluded, in particular for:

(4) Important note on the character of the templates: The templates do not constitute legal advice. They are intended as practitioner-grade assistance for compliance documentation and must be adapted by the Customer to its specific company situation. The Provider expressly recommends a final review by an attorney or certified data protection officer before use of the templates in practice.

(5) Liability expires twelve (12) months after the delivery date, unless a longer limitation period is prescribed by law.

§ 12 Confidentiality and protection of the templates

(1) The Customer undertakes to treat the templates confidentially and to use them only within the licensed use.

(2) The Customer ensures, through suitable organisational and technical measures, that the templates do not reach third parties without authorisation.

(3) For employees of the licensed company who have access to the templates, the Customer must ensure an appropriate confidentiality obligation (usually within the framework of existing employment contracts).

(4) These obligations continue to apply after termination of the contractual relationship.

§ 13 Data protection

(1) The Provider processes the Customer's personal data exclusively within the framework of the General Data Protection Regulation (GDPR) and the supplementary national data-protection laws.

(2) The following data is processed in the ordering process in particular: company name, address, VAT-ID, email address, order number, order details.

(3) Payment processing is carried out by Paddle as an independent processor; in this regard, Paddle's data-protection provisions apply.

(4) Additional processors used by the Provider:

(5) Detailed information on data processing is contained in the separate privacy policy, available at: https://compliance-kit.eu/en/privacy.html

(6) The Customer has the right to access, rectification, erasure, restriction of processing, data portability and objection pursuant to the GDPR. The exercise of these rights is carried out by request to office@compliance-kit.eu.

§ 14 Final provisions

(1) Applicable law: All contractual relationships between the Provider and the Customer are subject exclusively to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Place of jurisdiction: For disputes arising from or in connection with contracts subject to these Terms, the materially competent court at the registered office of the Provider in Vienna, Austria has exclusive jurisdiction — to the extent legally permissible and the Customer is an entrepreneur. The Provider is also entitled to sue the Customer at its registered office.

(3) Dispute resolution: The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, as contracts are concluded exclusively with entrepreneurs. Reference to the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/

(4) Severability clause: Should individual provisions of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision is replaced by the effective and enforceable regulation that comes closest to the original economic purpose of the invalid provision.

(5) Written form requirement: Amendments and supplements to these Terms and to all contractual relationships require text form (email is sufficient). There are no verbal collateral agreements.

(6) Validity and updates: These Terms apply in the version current at the time of conclusion of the contract. The Provider reserves the right to amend these Terms. Amendments only affect existing contracts if the Customer expressly agrees to the amended version.