1. Scope, business status and admission

These terms in version 6.0 apply between Nextpulse GmbH (“Nextpulse”) and an entrepreneur admitted expressly in text form (“Partner”) for referrals, sales support or agreed Solution Partner services towards prospective STRYK hotel customers. The programme is not directed at consumers.

A form, an initial conversation, training or the transmission of a contact does not by itself create a partner contract. The contract is formed only by an individual partner offer and the express order or admission confirmation from Nextpulse. Nextpulse may decline enquiries, partners or individual referrals after substantive review.

The Partner confirms its authority to represent, the trade licences required, and that it independently fulfils its tax, levy, social security and invoicing obligations.

2. Partner levels, duties and no authority to conclude contracts

The referral partner identifies a concrete hotel need, presents STRYK exclusively with released information and, upon documented consent of the hotel, transmits the contact. Nextpulse handles sales, offer, implementation and support.

The sales partner completes the envisaged STRYK product training, conducts needs analysis and demo with released materials, and documents its support of the decision process. The Solution Partner additionally prepares offers exclusively on the basis of the released price list, coordinates implementation and provides the contractually defined first-level support during the agreed commission period. Scope, availability, response times, escalation and quality requirements are set out in the individual partner offer.

Without a separate power of attorney, the Partner is not authorised to represent Nextpulse legally, to negotiate prices or discounts, to give service commitments or guarantees, to conclude contracts, to receive payments or to make declarations on behalf of Nextpulse. Even an offer prepared by the Solution Partner becomes binding only upon final release and transmission by Nextpulse. The Partner receives no territory, no exclusivity and no minimum volume.

Designations and contractual wording do not change a mandatory statutory classification. If the Partner in fact performs an activity to which mandatory commercial agency law applies – in particular the Austrian Commercial Agents Act (Handelsvertretergesetz) or §§ 84 et seq. of the German Commercial Code (HGB) – or other mandatory distribution law, its mandatory provisions, including any compensation claim, prevail. A permanent brokerage, conclusion, reseller or territorial model requires a separate written agreement before the activity begins.

3. Qualified referral and assignment

The referral is fully registered through the designated partner route before any active STRYK sales activity.
The Partner holds the hotel’s documented permission to transmit contact details and operational context to Nextpulse and to arrange contact.
Hotel, contact person, need, market and source are correct and described so specifically that Nextpulse can assess the fit.
Existing or former STRYK customers, opportunities already active, referrals accepted previously, self-enquiries and contacts obtained without consent do not qualify.
Upon acceptance in text form, the lead is generally assigned for 120 days. Nextpulse may extend the period in text form where a sales process is documented as active.
In the case of multiple submissions, the referral that was first completely received and accepted generally applies. Joint referrals or special circumstances are assigned in text form before continuation.

4. Commission basis, rate and period

The commission is 10% for referral partners and 15% for sales partners. For the Solution Partner, the maximum rate comprises 15% for sales services, 2% for offer preparation and implementation coordination, and 3% for ongoing first-level support, and amounts to no more than 20%. The maximum rate applies only if all agreed services are fully, continuously and demonstrably provided. Where the scope of services is lower or no longer continued, the lower rate agreed in text form applies. What counts is not the number of hotels referred, but the agreed and actually fulfilled responsibility. The level confirmed for a hotel contract at its start generally applies for that contract’s commission period; retroactive upgrading does not take place.

The commission base is the recurring net STRYK price for the assigned hotel actually received by Nextpulse. Room or unit count and the billing interval determine the amount. The hotel proposal, actual billing and receipt of payment remain decisive.

The commission runs for a maximum of the first 24 paid contract months. The following are not part of the basis: VAT, local tourism tax, the STRYK platform fee on online payments, fees of payment service providers or other third-party charges, hardware, third-party licences, individual services, travel expenses, and cancelled, credited, refunded or uncollectable amounts.

Special prices or individually deviating hotel fees change the basis accordingly, unless the partner offer provides otherwise. A commission arises only for an accepted lead, an effective hotel contract and commissionable fees. Mandatory statutory commission and compensation rules remain unaffected.

5. Settlement and payment

Nextpulse prepares a settlement statement quarterly. Payable amounts become due against a proper invoice from the Partner. Where an amount is below €100, it is carried forward to the next quarter.

Subsequent refunds, chargebacks, misallocations or abusive transactions may be corrected in a following settlement. Lawfully settled amounts are not reclaimed solely because the contract is later terminated.

The Partner reviews a settlement within 30 days of receipt and reports specific discrepancies in text form. Statutory information and accounting claims remain unaffected.

6. Market presence and partner obligations

Use only current brand, price, product and roadmap statements released by Nextpulse. Always clearly identify features under development as such.
No misleading, unfair, aggressive or unlawful sales practices, no purchased lead lists and no appearance as a Nextpulse employee. The Partner’s own company must remain clearly recognisable.
Advertising by e-mail, SMS or telephone only with the recipient’s prior consent, or where permitted without consent under the applicable law, in particular § 174 TKG 2021 and § 7 of the German Act against Unfair Competition (UWG).
No use of domains, ad terms, social media accounts or trademarks that give the impression of being an official STRYK or Nextpulse body.
Do not offer, grant or request benefits to hotel employees or decision-makers that are capable of improperly influencing a decision; comply with applicable anti-corruption rules.
Observe the hotel’s interests, confidentiality, data protection, competition law and applicable industry rules.
Report complaints, security incidents, false statements or possible conflicts of interest without delay and cooperate in their clarification.
Sales and Solution Partners document the steps they have taken. First-level support answers known operating and set-up questions on the basis of released materials; data protection, security, billing, integration and product defects are escalated to Nextpulse without delay.

7. Freedom of decision and partner support

Nextpulse decides independently whether and how an opportunity is pursued, an offer is prepared, a contract is concluded, a discount is granted or a service is provided. There is no entitlement to conclusion, minimum turnover, a particular response time or acceptance of a hotel.

Subject to availability, Nextpulse provides product training, released materials, price lists, contact persons, and joint initial conversations or demos. Sales and Solution levels may be made conditional on training, review and ongoing quality assurance. Nextpulse may change materials, programme procedures and the conditions for leads accepted only after the date of change for the future, by giving at least 30 days’ advance notice in text form; in that case, the Partner may terminate with effect from the date of change. For leads already accepted and commission periods already started, the confirmed conditions continue to apply.

8. Data protection and confidentiality

The Partner and Nextpulse are each independently responsible under data protection law for their respective processing; joint controllership is not established. The Partner transmits contact details only on a sound legal basis, informs the hotel contact of the transmission to Nextpulse and documents this. Nextpulse processes partner and lead data in accordance with the STRYK Privacy Policy.

Where a Solution Partner, within first-level support, obtains access to data that a hotel processes in STRYK, a separate data protection agreement with the hotel is required.

Non-public product, price, customer, commission, security and business information is confidential, may be used only for the programme and must be protected with reasonable care. This obligation continues for five years after the end of the contract and indefinitely for trade secrets. Statutory disclosure obligations remain unaffected; where permitted, the other party is to be informed in advance.

9. Brand, materials and work results

For the duration of the contract, the Partner receives a revocable, non-exclusive, non-transferable right to use expressly released STRYK materials unchanged for qualified referrals. All brand, software, design and content rights remain with Nextpulse or its licensors.

Co-branding, translations, adaptations, press releases, case studies and public partner logos require prior release in text form. Upon termination of the contract or upon request, use must cease without delay.

10. Liability and indemnity

Nextpulse is liable without limitation for intent, gross negligence, damage resulting from injury to life, body or health, fraudulent conduct, expressly assumed guarantees, and in all cases of mandatory unlimited statutory liability.

In the case of slight negligence, Nextpulse is liable only for breach of material contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the partner contract possible in the first place and on whose observance the Partner may regularly rely. In that case, liability is limited to the typical damage foreseeable at the time of conclusion of the contract and, for all damage events in one contract year in aggregate, to the higher of the following amounts: the commissions paid to the Partner in the twelve months before the damage event, or €2,500. Otherwise, liability for slight negligence is excluded.

The Partner indemnifies Nextpulse against justified third-party claims and reasonable costs of legal defence arising from unlawful acquisition of contacts, lack of consent, unreleased promises, trademark abuse or any other culpable breach of contract by the Partner. Nextpulse informs the Partner without delay and enables reasonable participation in the defence.

11. Term and termination

Unless the partner offer provides otherwise, the contract runs for an indefinite period and may be terminated ordinarily by either party with 30 days’ notice in text form. The right to immediate termination for good cause remains unaffected; good cause exists in particular in the case of a data protection breach, deception, trademark abuse, unauthorised conclusion of contracts, unlawful advertising, corruption or serious damage to reputation.

Leads accepted before the end of the contract and commission periods properly started continue to be settled under these terms, unless the partner contract was terminated for good cause attributable to the Partner and no mandatory law prevents this.

Confidentiality, protective rights, settlement, liability and dispute resolution continue to apply in accordance with their purpose.

12. Governing law, jurisdiction and final provisions

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of another law remain applicable only to the extent that their application is mandatorily prescribed by law. The exclusive place of jurisdiction for all disputes arising from or in connection with the partner contract is the court with subject-matter jurisdiction for Salzburg city (Salzburg-Stadt). Nextpulse may also sue the Partner at its general place of jurisdiction.

Assignment, subcontracting or transfer of the partnership requires the prior consent of Nextpulse in text form. The Partner may set off only against undisputed claims, claims finally determined by a court, or claims arising from the same contractual relationship.

Should any provision be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid provision. Mandatory protective provisions, in particular commercial agency law applicable to the actual activity, are not excluded. The German version is authoritative.