Agreement on the Transfer of Ownership by Way of a Gift and Rights of Use
Preliminary Remarks
As a private individual, FIRST NAME LAST NAME (hereinafter: the donor) is going to provide the Graz City Archive (Stadtarchiv Graz) with digital data for archiving. For this purpose, the donor has uploaded this data via the ‘Citizen Archive Platform’ (for short: CAP) which is operated by the Graz City Archive (together with the Aschaffenburg City and Monastery Archive (Stadt & Stiftsarchiv Aschaffenburg)) – available at citizenarchive.eu – and has offered it to the Graz City Archive for archiving.
The Graz City Archive has reviewed the data which has been made available to it and accepts it for archiving.
For these reasons, the present Agreement is concluded between
- FIRST NAME LAST NAME, DATE OF BIRTH, ADDRESS (hereinafter: the donor)
on the one hand,
- and the operator of the Graz City Archive, the Stadtmuseum Graz GmbH, a company registered in the Company Register of the Regional Court for Civil Matters in Graz under the Company Register Number 264638 z, a company with limited liability which is owned solely by the city of Graz and is established at the address Sackstrasse 18, 8010 Graz, Austria (hereinafter: Graz City Archive, for short)
on the other.
§1 Purpose of the Agreement and the Donated Item
The donor is the sole owner of the objects and data listed in the appendix to this Agreement. These objects and data constitute the object of the donation. They have been submitted to the Graz City Archive in digital form via the Citizen Archive Platform (CAP) and are to be provided to the Graz City Archive free of charge in accordance with the wishes of both Contracting Parties (see Section 938 of the Austrian General Civil Code – ABGB).
In addition to the right of ownership, the Graz City Archive is also expressly granted the rights of use of the donated item (see also § 3 of this Agreement).
The present donation is therefore expressly made without any form of consideration.
§2 Donation Agreement and Actual Transfer of the Donated Item
The donor donates and transfers the donated item (see the objects and data listed in the appendix) to the Graz City Archive with all the rights and obligations with which it has owned the item or would have been entitled to own it. The rights of use are also expressly included in this donation. The Graz City Archive assumes full and unrestricted ownership of the donated item and gratefully accepts the donation (in terms of ownership and rights of use).
The Contracting Parties confirm that the actual handover and acceptance of the donated item pursuant to Section 312 ABGB has already taken place with the uploading of the files via the CAP and their acceptance by the Graz City Archive.
§3 Use and Access to the Donated Item
The donated item becomes part of the collection of the Graz City Archive.
The Graz City Archive intends to make the donated item accessible to users of the archive as part of this collection and to exhibit it if necessary. This access is also provided online. The Graz City Archive irrevocably reserves all these rights (see § 6 of this Agreement regarding revocation).
The Graz City Archive grants the donor (subject to operational and organisational capacities and possibilities) the right of access to the donated item to the extent that the donated item is located in its entirety or in parts in premises that the Graz City Archive can use at its own discretion. This right of use expressly only includes use by agreement and in compliance with all archival standards. The Graz City Archive is entitled to revoke this right of use at any time and to do so without stating reasons.
The donor agrees that the donated item be made accessible to archive users, subject to the archive retention period, which has been announced through the form level, and the requirement to protect the personal rights and copyrights of third parties as well as their data. This applies in particular should the donation be part of an estate.
§4 Information about the Donor
The donor consents to the donation and his or her name possibly being mentioned on the website, in the current annual report, and, in the case of an exhibition, on the object label or in any other suitable and appropriate place. However, donors have no right to be named nor to have their donation exhibited.
§5 Costs and Taxes
All costs associated with the establishment and execution of this Agreement shall be borne by the Graz City Archive.
The Parties state that the donated item is only of historical or archival value and has no relevant market value, or that the market value of all of the objects and data donated by the donor to the Graz City Archive under this Agreement or together with any other objects donated to the Graz City Archive in the last five years, does not exceed EUR 15,000.00.
Should, contrary to expectations, the donation that is the subject of this Agreement trigger a tax or duty liability, these taxes or duties shall be borne by the Graz City Archive. Although the donor is also liable to the tax authorities for any taxes or duties in connection with this legal transaction, it is expressly agreed that, in the event of the donor being held liable by the tax authorities in this regard, the Graz City Archive will indemnify and hold the donor harmless.
The Graz City Archive shall also bear the costs incurred by the donor as a result of the legal challenge to imposed taxes or duties. However, this liability is limited to costs incurred with the knowledge and consent of the Graz City Archive. In such a case, the choice of a tax or legal representative is at the discretion of the Graz City Archive, which will endeavour to reach an agreement with the donor in this regard.
§6 Revocation and Waiver of Revocation
This donation can be revoked by the donor without giving further reasons within a period of 14 days, beginning with the day after the Agreement, which has been countersigned by the Graz City Archive, when it is received by the donor (even if this is a Saturday, Sunday or public holiday) .
Should the end of the 14-day period fall on a Saturday, Sunday or public holiday, the period shall be extended until the next working day. However, Saturdays, Sundays or public holidays that fall within this period do not suspend or interrupt the period.
The revocation must be made in writing and is effective if it is posted on the last day of the specified period at the latest or sent by email to the stadtarchiv@stadt.graz.at on the last day of the period at the latest.
The donor hereby waives any further right of revocation, with the exception of revocation due to gross ingratitude.
§7 Warranty
The donor declares that he/she was the previous owner of the donated item.
He/she warrants that the donated item handed over to the Graz City Archive is free of encumbrances, reservations of title as well as rights of use, disposal or other rights of third parties, to the extent that he/she must have been aware of these third-party rights or was unaware of them for reasons attributable to him/her and which have arisen out of gross negligent conduct.
However, the donor does not guarantee that the donation is free of material defects, i.e. that the gift has the agreed quality or suitability.
§8 Place of Jurisdiction and Applicable Law
The Parties agree that the court with subject-matter jurisdiction at the registered office of Stadtmuseum Graz GmbH shall have jurisdiction to decide on disputes arising out of or in connection with this Agreement – and, as a result, also with regards to its conclusion.
In addition, the application of Austrian law is agreed.
§9 Severability Clause
Should one or more provisions of this Agreement be invalid in whole or in part, this shall not affect the validity of the remaining provisions and the Agreement itself. The ineffective provisions shall be replaced by the statutory regulations.
Any agreements or ancillary agreements that deviate from this Agreement must be made in writing to be effective.
This Agreement was accepted by the donor online by clicking a respective button on the website citizen archive platform graz.