1.1. NDA Holding GmbH (hereinafter referred to as the "Company") is an investment company that participates in other businesses, supports them, and provides guidance.
1.2. These General Terms and Conditions apply to all legal relationships of the Company with third parties, in particular to businesses in which investments are made, as well as partner companies.
1.3. Deviating, conflicting, or supplementary General Terms and Conditions of third parties shall only become part of the contract if the Company has expressly agreed to their validity in writing.
2. Provider Identification in accordance with ECG/UGB
NDA Holding GmbH Gymelsdorfergasse 41/5/5 2700 Wiener Neustadt Austria
Value Added Tax Identification Number (VAT ID): ATU78796769
Company Register Number: FN 593808 y
Company Register Court: Regional Court Wiener Neustadt
3. Conclusion of Contract and Acceptance of the General Terms and Conditions
By using our services or entering into a contract, these General Terms and Conditions are deemed accepted. Customers who do not agree with these terms are not permitted to use our services.
4. Scope of Activities
4.1. The Company participates financially, strategically, or operationally in other businesses (hereinafter referred to as "Target Companies").
4.2. The Company provides Target Companies with consulting, strategic support, and, if necessary, additional services aimed at increasing value and fostering the development of the investment.
4.3. The Company is not obligated to assume operational tasks or business risks unless explicitly agreed otherwise in writing.
5. Investment Process
5.1. The investment process consists of multiple phases, including a due diligence review of the Target Company, negotiations, and the conclusion of an investment agreement.
5.2. The Company reserves the right to decide at its own discretion whether to initiate or terminate negotiations or to conclude an investment agreement.
5.3 The conclusion of a participation agreement shall be made exclusively in written form and requires the signature of both parties.
6. Confidentiality
6.1. Both parties commit to treating all information exchanged during the collaboration or investment process with strict confidentiality.
6.2. The disclosure of confidential information to third parties is only permitted with the prior written consent of the respective other party.
6.3. The confidentiality obligation shall remain in effect for at least 3-5 years after the termination of the collaboration.
7. Liability
7.1. The Company is only liable for intent and gross negligence.
7.2. The Company's liability for slight negligence is excluded unless it involves the breach of essential contractual obligations ("cardinal obligations"). In such cases, liability is limited to typically foreseeable damages.
7.3. The Company assumes no liability for the economic development of the Target Companies or the success of an investment.
7.4. Liability for damages to life, body, and health cannot be excluded.
8. Image, Video, and Print Materials
8.1. The Company is entitled to use image, video, and print materials provided by involved individuals or Target Companies for marketing purposes. This includes usage on the website, social media channels, and other public or internal communication media.
8.2. The involved individuals or Target Companies assure that they possess all necessary rights to use the materials and that no third-party rights are violated.
9. Data Protection & GDPR
9.1. The Company processes personal data of contractual partners and their representatives exclusively in compliance with applicable data protection regulations.
9.2. Further details on data processing are outlined in the Company's privacy policy.
10. Contract Termination & Exit Strategies
10.1. The contract duration is individually determined in the investment agreement.
10.2. An investment may be terminated under the following conditions:
Mutual termination
Breach of contract by either party
Insolvency or liquidation of a contracting party
Legal regulations requiring termination
10.3. If a deal fails, already invested funds will be handled according to the contractual agreements. If no specific provision has been made, a refund will be issued after deducting any incurred costs.
11. Applicable Law
11.1. The contractual relationships between the Company and its contractual partners are exclusively governed by the laws of the Republic of Austria.
11.2. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
12. Miscellaneous, Place of Performance, and Jurisdiction
12.1. The place of performance for all obligations arising from the contractual relationship is the registered office of the Company.
12.2. The place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions is the competent court at the Company's registered office, unless mandatory legal provisions dictate otherwise.
12.3. If any provision of these General Terms and Conditions is invalid or unenforceable, the remaining provisions shall remain unaffected. The parties agree to establish a valid replacement provision that comes as close as possible to the economic purpose of the invalid provision.
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For better readability, the masculine form is used for personal designations and nouns referring to individuals on this website. These terms are meant to apply to all genders in the spirit of equal treatment. The abbreviated form is therefore not a value judgment but serves editorial purposes.
