Consultant Contract regulating work on
creating a Website Entry / Webinars
Argentinierstraße 43/6, 1040 Vienna, FN 386715 z
abbreviated below to "vet-webinar"
Hereinafter, referred to as "Consultant/Contractor".
Hereinafter, collectively referred to as the "Parties" (The nouns used are gender neutral).
1. Website Post / Webinar
1.1. The contractor creates a website post/webinar for vet-webinar with their own resources and time
1.2. This addition consists of:
- Creating a presentation using, for example, Microsoft Powerpoint
- A recording/webinar that goes with the presentation that lasts around 60 minutes
- Question & Answer session after the presentation
- Creating questions (with answers) relevant to the presentation ((a) two multiple choice questions with 3-5 possible answers, but only one correct one for the presentation and (b) 10 multiple choice questions with 3-5 answer options, but only one correct one)
1.3. Regarding the creation and broadcast of the presentation
Since the vet-webinar-customers do not see the presenting contractor, they rely much more on the slides of the presentation, therefore it is imperative to make each slide informative, interesting and clear for the customers.
The elimination of body language should be compensated for using one’s voice. One should give an up-beat presentation, while attempting to minimize the amount of pauses and “ums”.
Furthermore, one should pay attention to not deliver the presentation too quickly and not to just monotonously recite. It is imperative that the contractor uses a headset! We prefer using USB devices because they deliver exceptional quality. Bluetooth or WiFi headsets cannot be used because there is always the danger of interference and poor sound quality in the recording.
The webinar can be presented by the contractor from anywhere, as long as there is access to dependable and fast internet (not mobile Internet or free internet access in hotels or restaurants). We highly recommend using a connection via LAN, rather than WLAN. Furthermore, we also ask the contractor to check his/her internet speed two weeks before the actual date of the presentation using, but at the same time and in the same location as the webinar. To do a speed test, please access the website www.speedtest.net and then e-mail us the results for the “Up-“ and “Download Speed” A connection via LAN instead of WLAN is strongly recommended.
If videos should be included to the presentation they have to be sent to vet-webinar as mp4 before the webinar. It is not possible to include the videos to the power point presentation. The number of videos is limited to 5
After 15 minutes, a “Questions?” slide should be included in the presentation. During this pause one of the two multiple choice questions prepared for the presentation is asked. The listeners answer the question, and the percentage of which answer was chosen will immediately be shown and should be discussed.
Listeners cannot ask questions via audio microphones, instead they write their questions into the “Chat” tab of the software, and during the pauses (one after 15 minutes, and another later on in the webinar, as well as at the end of the webinar), the host/moderator will ask the contractor these questions.
The only way that the contractor can contact vet-webinar during the webinar, without the listeners noticing, is via the chat window in the bottom right part of the control panel. Therefore, it is recommended not to completely close the software’s control panel. In order for the contractor to contact only vet-webinar during the webinar, he/she must choose “organizer” from the drop-down menu in the chat tab.
1.4. System requirements to run the software can be found using this link.
1.5. Test Webinar: The contractor will be contacted to set up a time, which reflects the same time and the same location of the webinar, a week before the actual date. At this point, the presentation should be completely finished.
1.6. Comprehensive Quiz: The vet-webinar customers obtain a certificate of attendance, and therefore, need to complete a multiple choice test with 10 questions. We ask the contractor to create these 10 multiple choice questions, with 3-5 answer options per question and only one correct answer, and to send this to us via e-mail (email@example.com). We need these questions at least 10 days before the date of the webinar.
1.7. Accreditation: If the webinar needs to be accredited by the Bundestierärtzekammer Deutschland (BTK) or Akademie für tierärztliche Fortbildung (ATF), then the presentation, bibliography, and the 10 multiple choice questions for the comprehensive quiz need to be sent to firstname.lastname@example.org 8 weeks before the presentation. If the presentation will be accredited through the Österreich Tierärtzekammer orthe Gesellschaft der Schweizer Tierärztinnen und Tierärzte (GST), then the presentation and 10 mutliple choice questions for the comprehensive quiz need to be sent to email@example.com 14 days prior to the webinar.
1.8. The consultant/contractor has to be mindful of this checklist
The compensation for work, as agreed via email, will be offered, excluding any and all taxes. Payment is made after the agreed upon work has been accomplished and the submission of the invoice is received. It will take 15 banking days once the invoice is received.
This lump sum includes any and all hours required for the consultant/contractor to fulfill the requirements outlined in this contract. The only exception to this rule would be an extra compensation was previously agreed upon with vet-webinar.
The consultant/contractor only has the right to the agreed upon compensation for work if the job is fulfilled in a timely, complete and proper way. Failure to perform in any way, and for any reason, including sickness, will result in the removal of compensation.
It is the consultant/contractor’s responsibility to properly pay any taxes on the compensation. The consultant/contractor is also responsible for allocating funds for the proper social security contributions
3. Consultant status
The consultant/contractor is providing this service independently as a consultant and does not receive any particular instructions of how to fulfill his work from the vet-webinar.
The consultant/contractor is not required to be in any specific location for the webinar.
The consultant/contractor confirms, that he/she is economically and personally independent of vet-webinar.
4. Distribution and IP rights
The consultant/contractor grants vet-webinar the right to use and to exploit the works (including the right to adaptation, especially to delete not necessary parts of the recordings, eg questions or introduction etc) in regards to any and all webinar recordings etc. The transfer of this right from the consultant/contractor to vet-webinar is covered in the compensation.
The consultant/contractor is solely responsible to comply with all copyright and legal requirements. Vet-webinar will not accept any liability for infringements. Comparisons in regards to this rule can be found in the vet-webinar customer conditions.
Vet-webinar will make use of this right only to cut out not-needed sequences of the presentation like the introduction or questions of the attendees. The content of the presentation will not be changed.
5. Power of Representation
The contractor operates at his/her own expense and risk. The consultant/contractor may transfer the duties to another person, but in this case, the consultant/contractor is responsible for the completion of the work and the payment of the third party. The contractor must inform vet-webinar of any delegation to others, but it does not make the contract between vet-webinar and the third party.
6. Confidentiality Obligation
The consultant/contractor is not allowed to reveal any and all knowledge about vet-webinar or any third party obtained through this contract. This confidentiality requirement continues even after the webinar has ended.
The consultant/contractor has to transfer this duty of confidentiality to his/her representative, assistants, or any other person in charge of the work required by this contract.
Data from any of the applications that the consultant/contractor obtains with this contract must be kept confidential, unless a legally valid reason for the transfer of data exists (Datengeheimnis gemäß Österreichischem Datenschutzgesetz § 15).
The sending of e-mails/advertisements to vet-webinar customers is not permitted.
7. Dismissal of Claims
Claims resulting from this contract must be made within 6 months from its inception through an official court, otherwise they are null and void.
8. Applicable Laws and Jurisdiction
This contract is applicable to Austrian law excluding the rules on conflict of laws and the UN convention on contracts for the international sale of goods.
The exclusive venue for any disputes arising from this contract is the competent court in the first district of Vienna.
Both parties understand that this contract creates a relationship that does not fall under labor law service contracts, and that labor regulations do not apply to this contractual relationship. This is not a teaching or speaking activity as defined in § 25 Income Tax Act (ITA).
The consultant/contractor confirms that any and all information given is truthful. He/she is responsible to inform vet-webinar of any changes. If any of these changes cause vet-webinar to incur charges, then the consultant/contractor is required to reimburse vet-webinar for these losses.
Changes and/or additions to this contract must be in writing to be effective, unless a stricter form is required by law. There are no oral agreements that are binding.
The contractor declares this contract free of error, deceit or fear and that it was seriously entered into.
If individual parts of this contract are incorrect, unenforceable and/or invalid, it does not mean that the entire contract is invalid or nullified. Both parties accept the responsibility that - if this case occurs - there will be discussions regarding changes in the contract to make it valid.