Your Sparring Partner

for change projects

T&C

Download of our Terms & Conditions [79 KB]

1. SCOPE OF APPLICATION

1.1 All legal transactions between the client and HR Strategy & Consulting e.U. are subject exclusively to these General Terms and Conditions (even if not expressly referred to in additional contracts) and are accepted when the order is placed, registered or booked. The version valid at the time of the conclusion of the contract is decisive in each case. Conflicting General Terms and Conditions of the client must be explicitly accepted by HR Strategy & Consulting e.U. in writing.
1.2 In case that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.

2. SCOPE OF THE CONSULTING ASSIGNMENT

2.1 The scope of a specific consulting assignment is contractually agreed in each individual case.
2.2 HR Strategy & Consulting e.U. is entitled to have all or part of its tasks performed by third parties. The third party is paid exclusively by HR Strategy & Consulting e.U. itself. No direct contractual relationship of any kind shall arise between the third party and the client - this shall also apply to the two subsequent calendar years after order fulfillment.

3. THE CLIENT'S DUTY TO PROVIDE INFORMATION

3.1 The client shall ensure that HR-Strategy & Consulting e.U. receives all documents necessary for the performance/execution of the consulting order in a timely manner and is informed about all processes and circumstances that are of importance for the execution of the order. This also applies to all documents, processes and circumstances that only become known during the work of HR Strategy & Consulting e.U.

4. PROTECTION OF INTELLECTUAL PROPERTY

4.1 The copyrights to the works created by HR Strategy & Consulting e.U. (in particular offers, reports, analyses, expert reports, programs, service descriptions, drafts, concepts, training programs, handouts, calculations, graphics, drawings, data carriers etc.) remain with HR Strategy & Consulting e.U. They may only be used by the client during and after termination of the contractual relationship for purposes covered by the contract. In this respect, the client is not entitled to copy and/or distribute the work without the express consent of HR Strategy & Consulting e.U. and is liable for the correctness of the work itself towards third parties in the event of unauthorized copy/distribution. The violation of these provisions by the client entitles HR Strategy & Consulting e.U. to an immediate premature termination of the contractual relationship and to assert other legal claims, in particular claims for injunctive relief and/or compensation.
4.2 HR Strategy & Consulting e.U. assures the client that the materials used are free of third-party rights.

5. ADVERTISING

5.1 The client agrees to be added to the publicly available reference list on the homepage of HR Strategy & Consulting e.U.

6. LIABILITY / COMPENSATION / CANCELLATION

6.1 HR Strategy & Consulting e.U. is liable to the client for damages in case of gross negligence (intent or gross negligence). This also applies mutatis mutandis to damages caused by third parties called in by the contractor. Personal injury is excluded.
6.2 Customer’s claims for damages can be made within six months from knowledge of the damage and the party causing the damage. Proof must be provided that the damage was caused by HR Strategy & Consulting e.U.
6.3 If the client cancels an event (seminars, trainings, workshops, etc.) at the latest 21 days before the start of the seminar, no cancellation fee will be charged. Cancellations from the 20th to the 4th day before the start of the event are subject to a 50% cancellation fee. From the 3rd day before the start of the event, the entire seminar fee will be charged. In any case there are already booked travel and accommodation costs, these will be passed on to the client in accordance with the respective cancellation provisions of the accommodation provider or tour operator (e.g. airline, train, etc.). If the agreed coaching appointment is cancelled 48 hours before the agreed date, no cancellation fees will be charged. Consequently a complete coaching unit will be charged.
6.4 HR Strategy & Consulting e.U. will offer an alternative date for cancellations by trainer or coach due to force majeure (e.g. illness, accident, natural events, unforeseeable traffic volume, strikes, etc.). Any further claims are excluded.

7. CONFIDENTIALITY / DATA PROTECTION

7.1 HR Strategy & Consulting e.U. commits itself to unconditional silence about all business and company secrets that have come to its knowledge and about the content of project or the commissioned service.
7.2 HR Strategy & Consulting e.U. is released from the duty of confidentiality towards employees and any third parties it uses for the fulfilment of the order. However, it shall be bound to secrecy in its entirety and shall be liable for any breach of the confidentiality obligation. This duty of confidentiality extends beyond the end of this contractual relationship. Exceptions exist in the case of statutory obligations to provide information.
7.3 HR Strategy & Consulting e.U. is entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The client guarantees HR Strategy & Consulting e.U. that all necessary measures have been taken for this, in particular those in the sense of the DSGVO, such as obtaining declarations of consent from the parties concerned.

8. FEE

8.1 After completion of the agreed order HR Strategy & Consulting e.U. will issue an invoice entitling to deduct input tax according to the agreement with all legally required features. HR Strategy & Consulting e.U. is entitled to make interim invoices in accordance with the progress of the work and to demand accounts in accordance with the respective progress.
Partial attendance of an event or premature cancellation of the event by one or more participants does not result in a price reduction. For orders already confirmed, a price validity of 12 months is guaranteed. Otherwise prices are subject to change without notice. The fee is due 10 days after invoicing by HR Strategy & Consulting e.U. In case of default of payment, HR Strategy & Consulting e.U. is entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the European Central Bank. If HR Strategy & Consulting e.U. can prove a higher damage caused by delay, HR Strategy & Consulting e.U. is entitled to claim this. If legal action has to be taken, the costs have to be borne by the client.
8.2 Any cash expenses, travel expenses, mileage, etc. are to be reimbursed by the client against invoicing by HR Strategy & Consulting e.U.
8.3 The organization of the event and the accommodation and catering costs of the coaches/consultants/trainers have to be borne by the client. These costs are invoiced directly between the venue (seminar hotel) and the client. If HR-Strategy & Consulting e.U. acts as intermediary for the booking of hotel rooms, seminar rooms, the settlement is also made directly with the client.
8.4 If the execution of the agreed work or service is not carried out for reasons on the part of the client or due to a justified premature termination of the contractual relationship by HR Strategy & Consulting e.U., HR Strategy & Consulting e.U. retains the right to payment of the entire agreed fee less saved expenses. If an hourly fee has been agreed, the fee for the number of hours that was to be expected for the entire agreed work or service, less the saved expenses, is to be paid. The expenses saved have been agreed at a flat rate of 30 percent of the fee for those services which HR Strategy & Consulting e.U. had not yet rendered by the date of termination of the contractual relationship.
8.5 In case of non-payment of interim invoices, HR Strategy & Consulting e.U. is released from its obligation to provide further services. The assertion of further claims resulting from non-payment is not affected by this.

9. ELECTRONIC INVOICING

9.1 The client expressly agrees to the sending of invoices in electronic form by HR Strategy & Consulting e.U. and accepts this form of invoicing.

10. DURATION OF THE CONTRACT

10.1 The contract ends with the completion of the project.
10.2 Irrespective of this, it can be resolved by either party at any time for important reasons without observing a period of notice. An important reason is to be considered in particular,
- if a contractual partner violates essential contractual obligations,
- if a contractual partner is in default of payment after the opening of insolvency proceedings or
- if there are legitimate concerns regarding the creditworthiness of a contractual partner for whom no insolvency proceedings have been opened and - if, at the request of HR Strategy & Consulting e.U., the contractual partner does not make advance payments or provide suitable security prior to the performance of HR Strategy & Consulting e.U. and the other contractual partner was not aware of the poor financial circumstances when the contract was concluded.

11. FINAL PROVISIONS

11.1 The contracting parties confirm that they have given all information in the contract conscientiously and truthfully and undertake to notify each other immediately of any changes.
11.2 Amendments to the contract and these GTC require written form, this applies also to a change in this formal requirement. Oral collateral agreements do not exist.
11.3 This contract shall be governed by substantive Austrian law to the exclusion of the conflict of law rules of private international law. The place of performance is the registered office of HR Strategy & Consulting e.U. The Regional Court of Wiener Neustadt has jurisdiction for disputes.

HR-Strategy & Consulting e.U. - Update 2018