Terms of Service
1. General principles / scope
1.1 Für sämtliche Rechtsgeschäfte zwischen dem Auftraggeber und dem Contractors ("Respect your potential eU") apply exclusively to these general terms and conditions. The version valid at the time the contract is concluded is decisive.
1.2 Diese Allgemeinen Geschäftsbedingungen gelten auch für alle künftigen Contractual relationships, even if this is not expressly referred to in additional contracts.
1.3 Entgegenstehende Allgemeine Geschäftsbedingungen des Auftraggebers sind ungültig, unless these are expressly recognized in writing by the contractor ("Respect your potential eU").
1.4 Für den Fall, dass einzelne Bestimmungen dieser Should the general terms and conditions be and/or become invalid, this does not affect the validity of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective provision that comes closest in meaning and economic purpose.
2. Scope of the consulting assignment / representation
2.1 Der Umfang eines konkreten Beratungsauftrages wird im Einzelfall contractually agreed.
2.2 Der Auftragnehmer (»Respektiere dein Potential eU «) is entitled to have the tasks incumbent on him performed in whole or in part by third parties. The third party is paid exclusively by the contractor (»Respect your potential eU«) himself. There is no direct contractual relationship whatsoever between the third party and the client.
2.3 Der Auftraggeber verpflichtet sich, während sowie bis not to enter into any type of business relationship with persons or companies for a period of three years after the end of this contractual relationship, which the contractor (»Respect your potential eU«) uses to fulfill its contractual obligations. In particular, the client will not commission these persons and companies with such or similar consulting services that the contractor (»Respect your potential eU«) also offers.
3. Client's obligation to provide information / declaration of completeness
3.1 Der Auftraggeber sorgt dafür, dass die organisatorischen Framework conditions when fulfilling the consulting assignment at his place of business allow work to be carried out as undisturbed as possible, which is conducive to the rapid progress of the consulting process.
3.2 Der Auftraggeber wird den Auftragnehmer (»Respektiere your potential eU«) also provide comprehensive information about previous and/or ongoing consultations - also in other specialist areas.
3.3 Der Auftraggeber sorgt dafür, dass dem Auftragnehmer (management consultant) without being specifically requested to do so, all documents necessary for the fulfillment and execution of the consulting contract are presented in a timely manner and he is informed of all processes and circumstances that are important for the execution of the consulting contract. This also applies to all documents, processes and circumstances that only become known during the consultant's work.
3.4 Der Auftraggeber sorgt dafür, dass seine Mitarbeiter and the employee representatives (works council) required by law and set up if necessary are informed by the latter before the contractor begins his work (»Respect your potential eU«).
4. Securing Independence
4.1 Die Vertragspartner verpflichten sich zur gegenseitigen Loyalität.
4.2 Die Vertragspartner verpflichten sich gegenseitig, alle Vorkehrungen to be taken that are suitable to prevent the threat to the independence of the commissioned third parties and employees of the contractor ("Respect your potential eU"). This applies in particular to offers by the customer for employment or the acceptance of orders for their own account.
5. Reporting / Duty to Report
5.1 Der Auftragnehmer (»Respektiere dein Potential eU «) undertakes to report to the client on the progress of his work, that of his employees and, if applicable, also that of third parties commissioned.
5.2 Den Schlussbericht erhält der Auftraggeber in angemessener Zeit , ie two to four weeks, depending on the type of consulting assignment after completion of the assignment.
5.3 Der Auftragnehmer (»Respektiere dein Potential eU «) is not subject to instructions in the production of the agreed work, acts at its own discretion and on its own responsibility. He is not tied to a specific place of work or specific working hours.
6. Intellectual Property Protection
6.1 Die Urheberrechte an den vom Auftragnehmer (Unternehmensberater ) and his employees and commissioned third parties (in particular offers, reports, analyses, expert opinions, organization charts, programs, specifications, drafts, calculations, drawings, data carriers etc.) remain with the contractor (management consultant). They may only be used by the customer during and after the end of the contractual relationship for purposes covered by the contract. In this respect, the client is not entitled to reproduce and/or distribute the work(s) without the express consent of the contractor (management consultant). Under no circumstances shall the contractor (management consultant) be liable to third parties as a result of unauthorized duplication/distribution of the work – in particular for the correctness of the work.
6.2 Der Verstoß des Auftraggebers gegen diese Bestimmungen berechtigt the contractor (management consultant) to terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.
7. Warranty
7.1 Der Auftragnehmer (»Respektiere dein Potential eU «) is entitled and obliged, regardless of fault, to rectify any inaccuracies and defects in its performance that become known. He will inform the customer of this immediately.
7.2 Dieser Anspruch des Auftraggebers erlischt nach sechs Monaten after the respective service has been rendered.
8. Liability / Damages
8.1 Der Auftragnehmer (Unternehmensberater) haftet dem Auftraggeber for damages - except for personal injury - only in the case of gross negligence (intent or gross negligence). This also applies mutatis mutandis to damage caused by third parties called in by the contractor.
8.2 Schadenersatzansprüche des Aufraggebers können nur innerhalb von sechs months after becoming aware of the damage and the damaging party, but at the latest within three years after the event giving rise to the claim.
8.3 Der Auftraggeber hat jeweils den Beweis zu erbringen that the damage is due to the fault of the contractor ("Respect your potential eU").
8.4 Sofern der Auftragnehmer (»Respektiere dein Potential eU«) performs the work with the help of third parties and in this context warranty and/or liability claims against these third parties arise, the contractor ("Respect your potential eU") assigns these claims to the client. In this case, the client will primarily rely on these third parties.
9. Confidentiality / Data Protection
9.1 Der Auftragnehmer (»Respektiere dein Potential eU «) undertakes to maintain strict secrecy about all business matters that come to his knowledge, in particular business and trade secrets as well as any information that he receives about the type, scope of operations and practical activities of the client.
9.2 Weiters verpflichtet sich der Auftragnehmer (»Respektiere dein Potential eU"), about the entire content of the work as well as all information and circumstances that he received in connection with the creation of the work, in particular about the data of the client's clients, to maintain secrecy towards third parties.
9.3 Der Auftragnehmer (»Respektiere dein Potential eU «) is released from the duty of confidentiality towards any assistants and deputies he uses. However, he has to transfer the confidentiality obligation to them completely and is liable for their violation of the confidentiality obligation as for his own violation.
9.4 Die Schweigepflicht reicht unbegrenzt auch über das Ende of this contractual relationship. Exceptions exist in the case of statutory obligations to provide information.
9.5 Der Auftragnehmer (»Respektiere dein Potential eU «) is entitled to process personal data entrusted to him within the scope of the purpose of the contractual relationship. The client warrants to the contractor that all necessary measures, in particular those within the meaning of the Data Protection Act, such as declarations of consent by those affected, have been taken.
9.6 The documents provided are the intellectual property of "Respect your potential eU" and_cc-78de-05 may only be used within the client 3194-bb3b-136bad5cf58d_are used; the duplication of training material or documents requires the written consent of the contractor ("Respect your potential eU").
10. Fee
After completion of the agreed work, the contractor (»Respect your potential eU«) receives a fee Client and the contractor ("Respect your potential eU"). The contractor (»Respect your potential eU«) is entitled to issue interim accounts according to the progress of the work and to request advance payments corresponding to the respective progress. The fee is due in each case with the invoicing by the contractor. The invoicing can, but does not have to be done weekly. The invoices are payable within 14 days after receipt of the invoice without deductions.
10.2 The contractor (»Respect your potential eU«) will issue an invoice with all the legally required features authorizing input tax deduction.
10.3 Any cash expenses, expenses, travel expenses, etc. are subject to a Coordination fee of 10% surcharge to be replaced by the client.
10.4 If the execution of the agreed work is omitted for reasons that lie on the part of the client or due to a premature termination of the contract by the contractor ("Respect your potential eU"), the contractor ("Respect your potential eU") retains the right to payment of the entire agreed fee less saved expenses. If an hourly fee is agreed, the fee is to be paid for the number of hours expected for the entire agreed work, less the expenses saved. The expenses saved are agreed at a flat rate of 30 percent of the fee for those services that the contractor has not yet provided by the day the contractual relationship ends.
10.5 In the event of non-payment of interim bills, the contractor (»Respect your potential of his eU«) is not obliged to accomplish, liberated. However, this does not affect the assertion of further claims resulting from non-payment.
11. Electronic invoicing
11.1 The contractor ("Respect your potential eU") is entitled to send invoices to the client, also in electronic form. The client expressly agrees to the contractor (»Respect your potential eU«) sending invoices in electronic form.
12. Duration of Contract
12.1 This contract ends with the completion of the project.
12.2 Irrespective of this, the contract can be terminated by either party at any time for important reasons without observing a notice period. An important reason is, in particular,
- if a contractual partner breaches essential contractual obligations or
- if a contractual partner defaults on payment after the opening of insolvency proceedings.
- if there are justified concerns about the creditworthiness of a contracting party for whom no insolvency proceedings have been opened and the contracting party does not make any advance payments at the request of the contractor or provide suitable security prior to the contractor's performance and the other contracting party was not aware of the poor financial situation at the time the contract was concluded.
13. Final Provisions
13.1 The contracting parties confirm that they have made known all information in the contract conscientiously and truthfully and mutually undertake to make any changes give.
13.2 Changes to the contract and these GTC must be in writing; as well as a departure from this formal requirement. Verbal collateral agreements do not exist.
13.3 Substantive Austrian law is applicable to this contract to the exclusion of the reference norms of international private law. The place of performance is the place where the contractor has his place of business (»Respect your potential eU«). The court at the place of business of the contractor ("Respect your potential eU") is responsible for disputes.
business-friendly means of dispute resolution - mediation clause:
(1) In the event of disputes arising from this contract that cannot be settled amicably, the contracting parties mutually agree to consult registered mediators (ZivMediatG) with a focus on business mediation from the list of the Ministry of Justice for the out-of-court settlement of the conflict. If no agreement can be reached about the selection of the business mediators or the content, legal action will be taken at the earliest one month after the failure of the negotiations.
(2) In the event that mediation does not come about or is aborted, Austrian law applies to any court proceedings that may have been initiated.
All necessary expenses incurred as a result of previous mediation, in particular those for legal advisors consulted, can be claimed as “pre-trial costs” in court or arbitration proceedings as agreed.