Terms and Conditions

Version: September 1, 2025

1. General Provisions and Scope

These General Terms and Conditions apply exclusively to all business relationships between the client and the consultant. The version valid at the time of contract conclusion applies. The consultant’s terms take precedence over differing client terms unless expressly acknowledged in writing.

2. Scope of Consulting and Subcontracting

The consultant is entitled to engage third parties for contract fulfillment. No direct contractual relationships arise between third parties and the client. The client may not engage the consultant’s partners for comparable services within one year after contract termination, otherwise penalties of two years’ gross salary apply (minimum EUR 100,000; EUR 120,000 if not determinable).

3. Client Cooperation Obligations

The client must ensure unimpeded working conditions, disclose prior and ongoing consulting engagements, provide all necessary documents in a timely manner, and inform employees and works councils before the engagement begins.

4. Protection of Independence

Both parties commit to mutual loyalty and to avoiding conflicts that could compromise the consultant’s independence, particularly regarding employment offers or competing contracts.

5. Reporting Requirements

The consultant reports regularly on progress; final reports are delivered within 2-4 weeks after completion. The consultant works independently regarding methodology and scheduling.

6. Intellectual Property

Copyrights for all work results remain with the consultant. The client may use materials solely for contract purposes; reproduction and distribution require written consent. Unauthorized sharing does not create consultant liability to third parties.

7. Warranty

The consultant corrects identified defects within six months of delivery.

8. Liability and Damages

Liability is limited to gross negligence and intentional conduct. Claims require proof of causation and must be filed within six months of discovery, maximum three years after the incident.

9. Confidentiality and Data Protection

The consultant maintains absolute confidentiality regarding business affairs, work contents, and client data—indefinitely, even after contract termination. Subcontractors must receive equivalent confidentiality obligations. Violations incur penalties of EUR 10,000 plus additional damages.

10. Fees and Invoicing

Hourly rates are established in individual agreements; monthly invoices are due within eight days. Expenses are reimbursed separately. Cancellation fees apply: 25% (more than 8 weeks notice), 50% (4-8 weeks), 75% (2-4 weeks), 100% (less than 2 weeks).

11. Electronic Invoicing

The client accepts electronic invoice delivery by default.

12. Contract Duration

Contracts end upon project completion. Either party may terminate without notice for material breach, insolvency, or creditworthiness concerns if the client refuses prepayment or security.

13. Final Provisions

Both parties confirm truthful statements; modifications require written form. The consultant may unilaterally amend terms with four weeks’ notice; unfavorable changes grant the client extraordinary termination rights. Austrian law applies; St. Pölten courts have jurisdiction.