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Legal address:
HM Sports Ltd., Nelson Road, Greenwich, London SE10 9JB, United Kingdom

Postal address:
HM Sports, Piaristengasse 10, 1080 Vienna, Austria

Court of Jurisdiction:
London City Court

Tax ID: ATU52955501
Member WKO/Advantage Austria
office@hm-sports.at

 

 

TERMS

The site aims to give you an insight into the personalities and behind-the-scenes life of every aspect of a motorsport championship, from the drivers and team managers on down. We hope you enjoy using this website.

Your access to and use of this website is conditional with your compliance to the terms and conditions given below and all applicable legislation.

Whilst we make every reasonable effort to ensure that the information on this website is the most recent and correct, from time to time it can change without notice.

Copyright and Trademarks

Copyright Notice for FAYD Academy

The material on this website, which includes text and images (“Content”) is the property of HM Sports or its licensors. You may:

  • Display the Content on a computer
  • Print pages of the Content.

You may not do the following without prior written consent from HM Sports:

  • Photocopy printouts of the Content;
  • Store the Content on disk (except where your computer or server keeps transitory copies, or “caches” the Content for the purposes of display and retrieval only);
  • Distribute the Content; Remove the copyright notice from any part of the Content;
  • Copy the Content to another website;
  • Create “deep links” or a frame around the web pages such that their identity is masked;
  • Make any commercial use of the Content.

Please address any requests to distribute or copy the content to the Press Officer of the FAYD Academy by clicking the contact link. The logos related marks are trademarks and used exclusively under license. All rights reserved.

Passwords and Access Codes

During the registration procedure, you must enter an account name and a password. You alone are responsible for keeping this account name and password confidential and for all the activities carried out on your account. You shall; (i) inform HM Sports immediately of any unauthorized use of your account and/or your password and/or any breach of security; and (ii) make sure that at the end of each session you disconnect properly.

Data Protection

FAYD Academy will not obtain data enabling you to be personally identified unless you give us this information by filling in and sending us the forms on this website. This information is confidential and kept by FAYD Academy. No commercial use will be made of the information without prior written authorization from FAYD Academy.

The data you provide about yourself is essential for answering your requests for information, newsletters, etc. This information is exclusively for the use of FAYD Academy.

You have a right to access and can rectify data about yourself by clicking on the link ’Contact’.

We may obtain information which cannot under any circumstances be linked to a particular person. This information relates to the type of internet browser that you use, your computer system and the name of the domain by which you accessed our website.

Cookies

When you visit our website, we plant a “cookie” in your computer. A “cookie” does not enable us to identify you. Generally, it tracks the beginning and end of your session on our site. This information will be stored on your computer for a period of less than six months.

You must have “cookies” enabled in order to navigate on our site.

Limitation of Liability

You visit this website at your own risk. Under no circumstances will FAYD Academy, HM Sports or any members of its network be held liable for damages, whether direct or indirect, including but not limited to loss, loss of data or programs, or financial loss resulting from access to or use of this website or any of the websites linked to it (except personal injury or death caused by our gross negligence).

Access to this website may be subject to restrictions. You must therefore make sure that the law of the country from which you have made the connection permits you to access and use our website.

HM Sports is in no way responsible for the content of websites to which there is a link from this Website.

ACCR Formula Series

These terms and conditions shall be governed by and interpreted with Austrian law. You agree to submit to the exclusive jurisdiction of the Viennese courts. Gerichtsstand: Wien

Updating these Terms and Conditions

HM Sports reserves the right to modify and update access to this website as well as the terms and conditions at any time and you agree to be bound by any such variations. You must therefore refer to these pages regularly to check the terms and conditions.

You can reach us at office@formelaustria.at

 

 

As of Nov 2024

 

Part 2:

 

1. Scope of Contract

Any and all deliveries made and services performed by HM Sports for the Client, shall be governed in all respects by the General Terms and Conditions set forth in the following (referred to as “Terms”). By undersigning an order resp. a contract with HM Sports, the Client automatically recognises these Terms as valid for the closed deal. Any opposing Terms and Conditions by the Client are only valid, if explicitly recognised by HM Sports in writing in advance. Modifications or amendments to these Terms must be in writing. Should any provision of this agreement be or become void, this shall not affect the validity of the remaining provisions of the agreement. A substitute provision will rather take effect in lieu of the invalid provision which corresponds or at least comes close to it. These General Terms and Conditions shall be binding on this and all future business connections between HM Sports and the Client.

2. Conclusion of a Contract

Any cooperation between HM Sports and the Client is founded in a written contract including all services provided by HM Sports, as well as the way of compensation. The Client is bound by contract ten days after having placed an order with HM Sports. All contracts are based on a prior written quotation by HM Sports and become legally effective by the Client’s signature or an initial partial payment by the Client to HM Sports. Kind and number of services are listed in the quotation. The Client’s orders are accepted only by the countersigning of a HM Sports representative. In case HM Sports is organising and managing an event for the Client, the legal host of such event is always the Client. Consequently, it is the Client who functions as the purchaser for third party suppliers. The Client will maintain all rights, claims and duties in connection with such event. HM Sports orders and liaises with third parties solely on behalf of the Client.

3. Services and Invoicing

Unless otherwise agreed, HM Sports shall be remunerated for each individual service after having rendered such service. Invoicing is done based on previous quotation and in writing. For covering necessary expenses, HM Sports is entitled to demand advance payments. All services by HM Sports, which are not explicitly covered by the agreed quotation, will be charged extra. All extra cash expenditure of HM Sports (e.g. courier services, mailing costs, travels, etc.) must be refunded by the Client. Quotations by HM Sports are non-binding and free of charge. Closed sponsorship deals are not remunerated by fees, but by payment of an agreed commission. In general, HM Sports takes 20% commission of the net investment sum of the respective sponsorship. Consequently, first contact with the potential sports partner is free. HM Sports must be compensated for any subsequent meetings where partnership details and conditions are negotiated, if the Client decides to opt against such partnership. The allocated compensation is one daily fee of EUR 1.500 plus VAT. HM Sports must also be compensated for any and all preparation work done for a project which is then not realised by the Client’s fault. By compensating HM Sports, the Client does not acquire any rights on such preparation work or documents, concepts, etc. all of which are to be returned to HM Sports immediately. Any and all payments shall be made using the bank account stated by HM Sports in the contract. Cheques will not be accepted.

4. Change of Order, Cancellation of Contract

HM Sports is entitled to terminate such contract without notice for just cause. Such cause is on hand, if:

 

  • the Client has violated any of its contractual obligations
  • the Client has broken the law
  • the Client has to file insolvency

 

All financial damage to HM Sports until the date of cancellation must be compensated by the Client with 14 days of written notice. HM Sports will notify the Client about any changes of individual services which have become necessary after the conclusion of the contract in writing immediately. Such changes do not entitle the Client to cancel the contract. In case the Client does cancel the contract within the first 30 days HM Sports is entitled to charge a cancellation fee of 20% of the quotation sum for the agreed services, 40% for a cancellation within 21 days ahead of an event or project launch, and 80% for any cancellation later than that.

5. Presentations

For any kind of Client in-house or public presentations, HM Sports will charge an appropriate fee, which will at least cover all agency staff hours and all material involved as well as all third party costs and other agreed expenses. In case, no contract with HM Sports is signed following the presentation, all services and all documents as well as their content remain sole property of HM Sports. The Client does not have the right to use them in any way whatsoever. All documents must be returned to HM Sports immediately. Should any ideas or concepts presented by HM Sports not be used in a contractual partnership with the Client, HM Sports has the right to propose and apply them in another partnership. The circulation, publication, copying or any other sort of distribution of presentation documents is only possible with prior consent of HM Sports. Should the presentation lead to a contractual partnership, the presentation fee will be included in the overall fee.

6. Property and Copyright

All services by HM Sports including all those of such presentation (e.g. brainstorming, ideas, sketches, images, concepts, concrete PR measures, brand activation ideas, event plans, etc.) as well as parts of such presentation remain property of HM Sports and can be reclaimed by the agency anytime, especially in case of contract cancellation by the Client. Upon contract signature and payment, the Client is only entitled to deploy the abovementioned services for the agreed use within the agreed scope. Unless otherwise agreed, the Client may only benefit from HM Sports’ services himself and only for the contract period.

7. Labelling

HM Sports has the right to label any and all documents, giveaways, promotion tools, designs etc. and measures (e.g. activations, events, etc.) with its logo or stamp respectively without entitling the Client to any claim for remuneration.

8. Approval

Unless otherwise agreed in a separate amendment, all services offered, documents produced, concepts designed, etc. by HM Sports have to be approved in writing by the Client within a maximum of three work days. If not approved within this deadline, the services, documents, concepts, etc. by HM Sports are regarded as approved automatically. The Client will examine the legal admissibility of the individual agency service offered. HM Sports will only cater for an internal legal revision by prior written request of the Client. The Client will be charged for this validation.

9. Delivery times

HM Sports is to deliver their services on the stated delivery date. Compliance with agreed delivery dates is also dependent upon a timely delivery of all necessary documents or information by the Client, as well as his active employees for clarification of open questions. HM Sports shall not be responsible for delays in order processing and cost increases occurring as a result of incorrect or insufficient data and information or belated modifications and / or documents and informative material furnished that are incorrect, incomplete or belatedly altered and in no such event shall HM Sports be deemed in default on delivery. Any additional costs arising as a con sequence of such issues, through the fault of the Client, shall be borne by the Client. Failure to deliver within a deadline only entitles the Client to demand compensation following a 14 day grace period.

10. Remuneration

Invoices by HM Sports must be paid within ten workdays. All payments have to be made to the bank account indicated free of expense. In case the Client exceeds the period of payment, HM Sports is entitled to charge 9.5% dunning costs from day one past the deadline. In such case, the Client is obliged to defray all costs for any legal proceedings. Any documents for the client remain with HM Sports until the entire amount is paid.

11. Warranty and Compensation

The Client has to file complaints in writing within three days of the provision of services by HM Sports and to substantiate these claims. In case of a justified and timely claim the Client is entitled to demand amelioration on such service by HM Sports. In such case all deficiencies will be remedied by HM Sports within a reasonable time. A claim for damages by the Client due to delay, impossibility of performance, positive violation of contractual duty, culpa in contrahendo, bad or insufficient service, consequential harm caused by a defect or an unlawful act are excluded, unless deliberate intention or culpable negligence by HM Sports are verifiable. HM Sports does not assume liability for any documents by the Client.

12. Liability

HM Sports shall be liable for loss resulting from death, physical injury and damage to health due to an intentional breach of duty on the part of HM Sports. HM Sports is also liable without limitation for other damages, which are based on intentional breach of duty on the part of HM Sports. For damages due to gross and simple negligence of these duties, which are fundamental for a reasonable and flawless performance of the agreement and on whose fulfilment the Client therefore relies on, and may rely on, HM Sports shall only have a limited liability for typical and foreseeable damage or loss. The typical and foreseeable damage or loss amounts to a maximum of 100 % of the order value. This limitation of liability shall apply irrespective of the legal ground of the claim asserted, particularly for claims deriving from impermissible acts. Insofar as HM Sports’ liability is limited or excluded, this shall also apply to personal liability of the employees, legal representatives and vicarious agents of HM Sports, provided that the Client raises claims directly against any of those.

13. Applicable Law

All contracts concluded between HM Sports and the Client are bound to the law of the Republic of Austria.

14. Place of Jurisdiction

The place of jurisdiction for all disputes between HM Sports and the Client is Vienna, the Commercial Court Vienna and the District Court Josefstadt respectively.