MC Office – officeservice of McO Aldrian KG
Johann-Seifried-Ring 1, 8054 Graz-Seiersberg
The following conditions apply in connection with any rental, service or other contract with the MC Office – McO Aldrian KG, in short “MC Office” and are agreed upon with the signature of such a contract.
1. Use of the rented premises / changes by the customer
The rented premises may only be used as office space and only for commercial purposes. Subletting or other transfer to third parties may only be made with the written consent of MC Office. Keeping pets in the office is also allowed only with the permission of MC Office. The customer may not make any structural changes, in particular conversions and installations, etc. without the written consent of MC Office. He is liable for any damages incurred in connection with the changes made by him. The customer is obliged to restore the original state of the rented premises when moving out.
2. Duties of MC Office
MC Office provides the contractual services within the stated business hours and within the agreed scope of services. Force majeure or malfunctions caused by technical defects are excluded.
MC Office is under no obligation to accept registered mail, orders and invoices, etc., especially if this results in obligations or costs for MC Office.
3. Duties of the customer
In the use and return of the office and the seminar room, the furniture, keys, all technical equipment and the common areas, which are used outside the office, proper and proper use is required. The customer is liable for damages and losses. At the end of the contract, the customer is obliged to place the rented office premises in the same condition as he received them or to reimburse the costs of necessary repairs.
The customer is obliged to acknowledge all services provided by MC Office, to which he has instructed MC Office or its employees verbally and which go beyond the contractual agreements, even without a prior order confirmation.
4. Marketing and advertising on the building
Advertising measures must be coordinated with MC Office. In particular, the existing collective shield system is to be used by the customer and the resulting costs are to be borne proportionately by the customer. Other advertising may be done only with the express written consent of MC Office. 5. Entering the rented premises by MC Office MC Office and / or a representative may enter the premises to check their condition or for other important reasons. If the tenancy is terminated on time, MC Office and / or a representative may enter the rented premises together with prospective tenants during the business hours, if MC Office announces the entrance in time.
6. Duration of contract / termination / vacancy of the rented office
Terminations must be made in writing and must be received by the other contracting party at the end of the month, subject to a notice period of three months. If the customer does not vacate the rented premises at the end of the rental period, upon termination or termination without notice, he agrees to pay MC Office compensation for loss of use amounting to the usual monthly rent, for each full month of the full rental amount. Contracts may be terminated by MC Office for good cause with immediate effect without notice if the other party fails to meet its contractual obligations. The reasons for a termination without notice are in particular: more than two weeks’ delay with a payment, non-punctual deposit payment, substantial violations of the house rules, non-conforming use of the office space, unauthorized transfer of rooms and facilities to third parties, moral, penal or disorderly business object or behavior of the contracting party within the rental property, gross violation of contractual loyalty and subsidiary obligations and comparable breaches of contract. The right to terminate without notice also exists if bankruptcy proceedings are instituted over the assets of the contracting party, or judicial settlement proceedings are requested or if the opening of such proceedings is rejected for lack of a cost covering the assets. In the case of termination without notice, the customer must vacate the rented office space within 3 days of receipt of the termination. Thereafter, MC Office is entitled to immediately vacate and otherwise use the office space. The costs for an evacuation are charged to the customer. MC Office is entitled in case of termination without notice to prohibit the customer access to the office equipment and the contractual office space. Entering to handle the eviction is allowed. The legal provisions on the landlord lien apply. These provisions apply to timely termination after expiry of the notice periods accordingly. In the event of termination without notice by MC Office, the monthly compensation still outstanding for the entire duration of the contract as compensation for non-performance becomes immediately due and payable. A re-letting of the office premises does not constitute repayment claims of the customer.
An offsetting or right of retention of the contracting party due to its own claims against claims that are not undisputed or legally binding is excluded. The customer can neither assign, transfer nor pledge the rights and claims arising from the contracts concluded with him.
8. Liability of the customer
The customer is liable for all damages culpably caused by his relatives, employees, suppliers and craftsmen. Damage must be reported to MC Office immediately. The customer is liable for any further damage caused by delayed notification.
9.Liability of MC Office
MC Office is liable only for damages suffered by the customer due to intentional or grossly negligent breach of duty by MC Office. This liability is limited to a maximum compensation amount of EUR 5,000.- per claim. Liability for indirect and consequential damages is excluded. MC Office is not liable for: Interruptions of the agreed services due to exceptional circumstances, such as Strike, lockout, force majeure, business interruptions based thereon. Submission errors due to misunderstandings between persons who provide or receive information regarding the content of such information. Any delay in the transmission of communications as a result of the fault of the post office or other transmitting agents over which MC Office has no control. The customer is obliged to notify MC Office of any damage for which he or she wants to make compensation for MC Office immediately upon discovery.
10. Changes such as: legal form, sale of the business or succession
The customer must notify MC Office of any changes in the commercial register, the business registration, the agency relationships or in other relationships that are important for the contractual relationships. If the customer changes the legal form of his company from a sole proprietorship or a partnership into a corporation, the personal liability of the customer for all obligations under the contract remains unaffected. There must be an additional agreement according to which the corporation accedes to the existing contract on the client side. The divestiture of the customer’s business or any part of it requires a prior agreement with MC Office because of the transfer of this contract to the legal successor. A claim for transfer of this contract does not exist. Without a new agreement by the successor, the personal liability of the customer remains.
11. Additional agreements
Subsequent changes and additions to a contract must be made in writing. Any additional agreements and ancillary agreements as well as changes and additions to the contract are only effective if MC Office has confirmed them in writing. Should one of the provisions of a contract be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. Instead of such a provision, there is an effective provision which comes as close as possible to the will of the contracting party if the contract is understood in a sensible way. If the invalidity is based on a determination of performance or time, the legally permissible measure will take its place.
12. Other provisions
All rental, service and service prices will be paid by MC Office on 01.03. adjusted to the general price trend. Such amendments shall become effective and binding upon the Customer after written notice has been given by MC Office.
The place of jurisdiction for all disputes arising from this contract and for the question of the existence of this contract is the headquarters of MC Office. Austrian law applies.MC Office has the right to seek any action against the Customer from any court of competent jurisdiction at the Customer’s place of business or domicile or any other jurisdiction or administrative authority. Even in such a case, Austrian law is applicable.