General Terms and Conditions of herd AON GmbH

1. SCOPE
The following General Terms and Conditions (hereinafter also referred to as "GTC" or "Terms and Conditions") form an integral part of every contract between HERD AON GmbH, FN 471651 f, Gudrunstraße 11/6B, 1100 Vienna, Austria (hereinafter also referred to as "HERD") and each of its contracting partners (hereinafter also referred to as "contracting partner" or "member"). To the extent legally permissible, they also apply to third parties who are invited by the member to the premises of HERD and use the premises and services provided by HERD. In this case, the member is liable to HERD for the actions of the third party as for its own.
1. The following obligations apply to the member and all his/her employees and guests.
HERD provides its services exclusively on the basis of these GTC. They apply to all legal relations between HERD and the contracting parties, even if no express reference is made to them. Any other agreements, deviations or additions require the prior express written consent of HERD. The version valid at the time of the conclusion of the contract is decisive in each case.

2. CONTRACT
A contract between HERD and the respective contracting party shall come into existence exclusively if a written offer to enter into a contract made by HERD is accepted in writing by the respective contracting party by signing it. The decisive point in time for the formation of the contract is in any event the receipt by HERD of the offer to enter into the contract signed by both parties.
The scope of the services to be performed by HERD is set out in the respective offer and any description of services contained therein. Subsequent changes to the content of the performance require written confirmation by HERD.
All rates are exclusive of VAT (if applicable).
In the event that the contractual partner does not expressly object in writing to the amended service description within one month, the amended service description shall be deemed to be agreed between the parties. In the event of an objection, the previous service description shall continue to apply.
The contracting party is not entitled to sublet or sell infrastructure or parts of the membership to third parties.

3. PERFORMANCE DESCRIPTION
The object of HERD's offers and services is the provision of production infrastructure for food, corresponding changing rooms and sanitary facilities.
HERD guarantees the member a food processing production infrastructure that complies with legal requirements. This includes a valid plant licence, appropriate cleaning of the infrastructure, pest monitoring and the provision of cleaning agents according to a HACCP concept so that members can implement good hygiene practices at the site.
The following are explicitly not included in HERD's range of services:
1. HERD accepts no responsibility for hygiene measures that relate to the specific production processes of individual members and are outside the scope of HERD's services. Furthermore, no guarantee can be given for the occurrence of cross-contamination. Here, it is primarily the individual members themselves who are called upon to lay the basis for joint working through responsible handling.
The Member acknowledges that HERD has installed video surveillance, with appropriate notice, to help ensure the best possible terms of use, the safety of Members, and the protection of personal property and infrastructure.
Storage on the Herd premises is only permitted within booked storage packages or requires written confirmation from Herd. In the event of unauthorised storage by the member, Herd may charge the storage costs for the full calendar month or any additional costs for the removal of the goods.

4. DUTIES OF THE MEMBERS
Herd members and visitors are obliged to leave all work surfaces swept clean and in accordance with the standards of good hygiene practice so that the next person can start hygienically safe food processing immediately afterwards. If this is not complied with, Herd AON GmbH reserves the right to arrange for cleaning at the expense of the person who caused the contamination.
The cleaning of rented dry storage areas or storage space in the basement is the responsibility of the member. Herd AON GmbH assumes no liability or cleaning for this.
The workplace provided by HERD may only be used by the member for work purposes. Within the framework of the use of the workplace at HERD, the member undertakes to comply with the legal requirements applicable in Austria regarding the production and processing of foodstuffs. This includes, in particular, the specifications in "Food Hygiene: Austrian Guidelines" (available at: https://www.wko.at/branchen/gewerbe-handwerk/lebensmittelgewerbe/lebensmittelhygiene-leitlinien.htmloderas a copy from the kitchen manager).
The member shall use the resources provided as sparingly as possible. Any modification by the member of the workstation provided with regard to its structure or equipment and other equipment of the HERD infrastructure shall require the prior written consent of HERD.
The Member further undertakes to refrain from doing anything that interferes with the use of the HERD infrastructure by other Members or causes damage to other Members, HERD, the facility or the building, causes nuisance to other Members of any kind whatsoever (for example, through noise or unprofessional behaviour), or increases insurance premiums.
The member shall ensure that all employees use the infrastructure, electricity and water in a fair way without being wasteful or careless. The use of electronic equipment intended for food production may only be used in the premises intended for food production. The use of other electronic devices (computers, tablets, mobile phones) is restricted to the office and the common room if not explicitly used for the production process. The Member shall be responsible for insuring its own property, its employees and any persons invited by it to HERD's premises.
All keys and other access devices are the property of HERD. The member is not authorised to have duplicates made of them or to hand over keys to third parties. In the event of loss of keys, the member shall inform HERD immediately. The member is fully liable for all expenses incurred as a result of the theft, loss or replacement of keys.
The member is obliged to protect personal passwords and login IDs from access by third parties. HERD accepts no liability for the misuse of such passwords or identifiers.
Each member is prohibited from infringing the rights of third parties, in particular intellectual property rights, or otherwise impairing third parties. The member shall fully indemnify and hold HERD harmless in the event of an infringement. The misuse or performance of unlawful acts, such as the use of unapproved foodstuffs or production processes or the employment of persons without valid registration with the Austrian social security system, is prohibited. In particular, the member is also prohibited from making false or misleading statements about HERD itself or the member or partner system.
All HERD advertising, training and film materials and software are protected by copyright. They may not be reproduced or distributed, either in whole or in part, without the prior express consent of HERD. The use of HERD's trademarks is also only permitted within the contractual framework and, beyond that, only with express consent for the individual case. For example, members may not create, register, use or publish their own material, Internet pages, domains or advertisements that bear or contain the name "HERD", the HERD logo or any other HERD trademark without prior express written consent. Silence shall not be deemed to constitute consent by HERD.
The Member acknowledges the exclusive copyright as well as the trademarks and other intellectual property rights associated with HERD.
Upon leaving the workplace, the member shall restore it to a clean condition and, in particular, remove all equipment used and objects brought into the workplace. If the member is the last to leave HERD's premises, he/she shall ensure that all doors are properly locked, all windows are closed and the lights and all other electronic devices are switched off.
The member undertakes to observe and comply with the "House Rules".

5. DISCLAIMER OF LIABILITY
For damages other than those resulting from injury to life, body or health, HERD shall be liable to the extent permitted by law only to the extent that they are caused by intentional or grossly negligent conduct of HERD, its legal representatives or other employees or other vicarious agents. Any further liability for damages is excluded in its entirety. In particular, HERD shall not be liable to the member for loss of profit or income, loss of data, documents or files of any kind, claims by third parties, indirect or consequential loss or damage, or damage to its reputation.
To the extent permitted by law, liability is in any case limited to the damages typically foreseeable at the time of the conclusion of the contract and to the amount of the average damages typical for the contract, but in any case to an amount not exceeding three times the monthly fee to be paid by the member.
HERD accepts no responsibility for the security and data security of its network (or connection to the Internet). In this regard, the member is responsible for ensuring the appropriate data security of his or her computer and Internet connection. Furthermore, HERD accepts no responsibility for the network and Internet capacity being sufficient or available at all times without interruption.
The provisions of the Product Liability Act shall remain unaffected.
If, due to a circumstance for which HERD is grossly negligent or intentionally at fault, only significantly restricted use of the basic infrastructure is possible, the member has the right to terminate the contract prematurely. Minor restrictions do not entitle the member to early termination.
The Member shall not be liable for any defects in the kitchen's operating equipment detected by the authorities, unless such defects have arisen through the Member's personal fault.
When the fire alarm is triggered, the member is obliged to bear the costs himself/herself if the triggering was caused negligently or culpably by him/her.

6. SET-OFF AND PROHIBITION OF ASSIGNMENT
HERD is entitled to assert a right of retention within the scope of the statutory provisions.
The other contracting party is not entitled to set off claims which it has against HERD against claims of HERD in whole or in part.
Furthermore, the other party is not entitled to assign or transfer any rights or obligations under this agreement, in whole or in part, to any third party without HERD's prior written consent.
1. This also applies to the case where the contracting party shares production with another contracting party and settles accounts internally. Each company needs its own membership. Example: Company A has a contract with Herd. Company B does not. Company A produces for company B and, within the framework of this cooperation, regularly allows company B to enter the kitchen, use storage areas or production areas. Herd reserves the right to terminate the member's membership immediately.

7. DATA PROTECTION

HERD uses the data provided by the contracting party (title, name, address, e-mail address, telephone number, fax number, bank details) in accordance with the provisions of Austrian data protection law.
The contracting party agrees that its personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the contracting party, telephone number, fax number, e-mail address, bank details, credit card details, UID number for the purpose of the performance of the contract and the support of the contractual partner as well as for HERD's own advertising purposes, e.g. for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of indicating the existing or former business relationship with the contractual partner (reference). The contracting partner agrees that electronic mail may be sent to him for advertising purposes until revoked. This consent may be revoked at any time in writing by e-mail, fax or letter to the contact details stated at the top of the GTC.
In order to ensure the hygiene-related documentation of the work processes within HERD's premises, cameras are installed in the generally accessible areas for food production. The member agrees that HERD may store these recordings for 72 hours and, in the event of an unclear situation, evaluate them vis-à-vis external control institutions (Market Office, Labour Inspectorate, etc.) for better traceability. Furthermore, the member undertakes to inform all employees who work on HERD's premises about this measure. Upon HERD's request, the member must provide corresponding proof.

8. CONFIDENTIALITY
The parties will treat all personal, business, financial and other confidential information of the other party that comes to their knowledge in the course of the contractual relationship as strictly confidential and will not disclose it to third parties unless (i) they are obliged to make such disclosure due to mandatory legal provisions, or (ii) they are obliged to make such disclosure due to a legally binding judicial or administrative order, or (iii) the relevant information is already publicly known.

9. FINAL PROVISIONS
HERD is entitled to amend these General Terms and Conditions and all documents at any time. HERD will give reasonable notice of any changes. The other party to the contract has the right to object to the modification. If the other contracting party does not object to the amended terms within one month after they have been communicated, they will become part of the contract. In the event of an objection HERD is entitled to terminate the contract at the point in time at which the amended or supplementary terms and conditions are to enter into force.
In all other respects, amendments or additions to these terms and conditions and the contract must be made in writing. This also applies to the waiver of the written form requirement.
If a clause of these General Terms and Conditions is invalid or incomplete, the entire contract shall not be invalid. Rather, the ineffective clause shall be replaced by a clause that is effective and comes closest to the meaning of the ineffective clause in economic terms. The same shall apply in the event of the closing of a loophole that needs to be regulated.
Insofar as in these GTC or in the respective individual contract terms referring to natural persons are only stated in the masculine form, they refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form shall be used.

HOUSE RULES

In principle, the known HACCP rules must be observed throughout the building.

Before cooking, during cooking - for example, if meat or fish has been handled with the hands - and before eating: thorough wash and disinfect your hands thoroughly Do not forget.
Never sneeze or sneeze or cough. Sick persons should not stand in the kitchen.
In production always a headgear wear. Tie up long hair tie up before cooking to keep eyes and food free of hair.
Always wear clean work clothes wear so as not to transfer germs to food. Non-slip shoes, chef's jacket, chef's pants, hairnet or clean cap and an apron should be brought by everyone.
Small wounds on the hands bandage cleanly. Injuries can occur and should be treated hygienically.
Fruits and vegetables always wash. Knives and bases for meat and fish should also be washed thoroughly after each use to prevent bacteria from accumulating.
Pre-tasting only with a clean Cutlery. Taste fish, meat or eggs only when they are baked or fried.
Keep workplace clean and clean up as soon as a task is completed. The workplace must be left clean.
Glass bottles Avoid if possible, otherwise dispose of or store immediately after use.
All devices must be cleaned and returned to their proper place after use.
Do not leave items lying around in the kitchen. The kitchen should be left as it was found.
Register working hours at NexodusIf you forget to register, please send a message to Stefan.
If equipment is broken or it is defective, always let the office know immediately. This will ensure that the device is repaired or replaced as soon as possible.
Private items and clothing put in the locker in the checkroom and do not leave them in the break room or kitchen.
Serving trolleys, wheeled trolleys and mesh trolleys always return to the designated parking areas.
At entrance area Only items that will be taken away by the suppliers the next day may be stored in the entrance area.
At day cold store may only be used for food deliveries that are to be put away again on the same day.
Brooms, scrubbing brushes, water slides and sweeping sets must be reattached to the wall brackets provided.
lights in the basement rooms, checkrooms, toilets, as well as in the kitchen also always turn off the lights. In the kitchen, the last person to leave turns off the lights.!
The sliding door should always remain closed.
Theft will be punished with a ban from the premises, and if necessary also reported to the police.
Garbage must be properly separated and disposed of according to our garbage rules. Wooden boxes and plastic boxes will be returned to the supplier or disposed of at the garbage site. Information about this is located here.