AGB

General Terms and Conditions bambule.co.at Nadja Rohrmoser

1. General principles / scope of application

1.1 These General Terms and Conditions shall apply exclusively to all legal transactions between the Client and the Contractor. The version valid at the time the contract is concluded shall apply.

1.2 These General Terms and Conditions shall also apply to all future contractual relationships, even if no express reference is made to them in supplementary contracts.

1.3 Conflicting general terms and conditions of the client are invalid unless they are expressly recognized by the contractor in writing.

1.4 In the event 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. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and economic purpose of the invalid provision

1.5 The client acts 100% on his own responsibility. The coaching and advice provided by the Contractor in all forms offered, both physically and online, is no substitute for medical or therapeutic treatment. The client makes neither promises of healing nor diagnoses in the medical / therapeutic sense.

1.6 These GTCs apply in their current version and can be accessed at any time at www.bambule.co.at.

2. Scope of the consulting assignment / representation

2.1 The scope of a specific consultancy assignment shall be contractually agreed on a case-by-case basis.

2.2 The Contractor shall be entitled to have the tasks incumbent upon it performed in whole or in part by third parties. Payment of the third party shall be made exclusively by the Contractor itself. There is no direct contractual relationship of any kind whatsoever between the third party and the client.

2.3 The Client undertakes not to enter into any kind of business relationship with persons or companies that the Contractor uses to fulfill its contractual obligations during and for a period of three years after termination of this contractual relationship. In particular, the Client shall not commission these persons and companies with such or similar consulting services that are also offered by the Contractor.

2.4 The Contractor offers independent and instruction-free consulting, process support and human design analyses as part of management consulting or personal services.

2.5 The Contractor shall be responsible for providing the agreed service, but not for bringing about a specific success or result.

2.6 The use of these services requires the voluntary participation of the client as well as their active and responsible cooperation. Decisions and actions are the sole responsibility of the client. The client shall be solely responsible for deciding on the time, type and scope of the procedure and measures recommended by or agreed with the contractor.

2.7 The services offered are not psychotherapy or counseling in the context of life and social counseling. The use of the services offered requires normal mental and physical resilience.

3. Duty of the client to provide information / declaration of completeness

3.1 The Client shall ensure that the organizational framework conditions for the performance of the consultancy assignment allow the work to proceed as undisturbed as possible and in a manner conducive to the rapid progress of the consultancy process.

3.2 The Client shall also provide the Contractor with comprehensive information about previous and/or ongoing consultations – including in other specialist areas.

3.3 The Client shall ensure that all documents necessary for the fulfillment and execution of the consulting assignment are submitted to the Contractor in a timely manner, even without the Contractor’s specific request, and that the Contractor is informed of all processes and circumstances that are of significance for the execution of the consulting assignment. This also applies to all documents, processes and circumstances that only become known during the consultant’s work.

4. Safeguarding independence

4.1 The contracting parties undertake to be mutually loyal.

4.2 The contracting parties mutually undertake to take all precautions that are suitable to prevent the independence of the commissioned third parties and employees of the Contractor from being jeopardized. This applies in particular to offers of employment or the acceptance of orders on the client’s own account.

5. Reporting / reporting obligation

5.1 The Contractor undertakes to report to the Client on the progress of its work, that of its employees and, where applicable, that of any third parties commissioned.

5.2 The Contractor shall be free from instructions in the production of the agreed work and shall act at its own discretion and under its own responsibility. He is not bound to any particular place of work or working hours.

6. Protection of intellectual property

6.1 The copyrights to the works created by the Contractor and its employees and commissioned third parties (in particular offers, reports, analyses, expert opinions, organizational plans, programs, service descriptions, drafts, calculations, drawings, data carriers, etc.) shall remain with the Contractor. 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 shall not be entitled to reproduce and/or distribute the work(s) without the express consent of the Contractor (Management Consultant). Under no circumstances shall any unauthorized reproduction/distribution of the work give rise to any liability on the part of the contractor, in particular for the accuracy of the work vis-à-vis third parties.

6.2 The Client’s breach of these provisions shall entitle the Contractor to terminate the contractual relationship prematurely with immediate effect and to assert other statutory claims, in particular for injunctive relief and/or damages.

7. Warranty

7.1 The Contractor shall be entitled and obliged, regardless of fault, to rectify any inaccuracies and defects in its performance that become known. He shall inform the client of this immediately.

7.2 This claim of the client shall expire six months after provision of the respective service.

8. Liability / Compensation

8.1 The Contractor shall only be liable to the Client for damages – with the exception of personal injury – in the event of gross negligence (intent or gross negligence). This shall also apply mutatis mutandis to damage caused by third parties engaged by the Contractor.

8.2 Claims for damages by the client can only be asserted in court within six months of becoming aware of the damage and the damaging party, but at the latest within three years of the event giving rise to the claim.

8.3 The Client must provide proof that the damage is attributable to the Contractor’s fault.

8.4 If the Contractor performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, the Contractor shall assign these claims to the Client. In this case, the client shall give priority to these third parties.

9. Confidentiality / Data protection

9.1 The Contractor undertakes to maintain absolute confidentiality about all matters that come to its knowledge, in particular business and trade secrets and any information that it receives about the nature, scope of operations and practical activities of the Client.

9.2 Furthermore, the Contractor undertakes to maintain confidentiality towards third parties regarding the entire content of the work as well as all information and circumstances that it has received in connection with the creation of the work, in particular also regarding the data of the Client’s clients.

9.3 The Contractor shall be released from the duty of confidentiality vis-à-vis any assistants and representatives it uses. However, he must impose the duty of confidentiality on them in full and is liable for their breach of the duty of confidentiality in the same way as for his own breach.

9.4 The duty of confidentiality extends indefinitely beyond the end of this contractual relationship. Exceptions exist in the case of statutory obligations to give evidence.

9.5 The Contractor is entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The Client warrants to the Contractor that all necessary measures have been taken for this purpose, in particular those within the meaning of the Data Protection Act, such as declarations of consent by the data subjects.

10. Fee

10.1 Upon completion of the agreed work, the Contractor shall receive a fee in accordance with the agreement between the Client and the Contractor. The Contractor shall be entitled to submit interim invoices in accordance with the progress of the work and to demand payment on account in accordance with the respective progress. The fee is due in each case upon invoicing by the contractor.

10.2 The Contractor shall issue an invoice/fee note with all legally required features.

10.3 Any cash outlays, expenses, travel costs, etc. incurred shall be reimbursed by the Client in addition to the Contractor’s invoice.

10.4 If the agreed work is not carried out for reasons on the part of the Client or due to a justified premature termination of the contractual relationship by the Contractor, the Contractor shall retain the right to payment of the entire agreed fee less expenses saved. If an hourly fee is agreed, the fee shall be paid for the number of hours that could have been 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 date of termination of the contractual relationship.

10.5 In the event of non-payment of interim invoices, the Contractor shall be released from its obligation to provide further services. However, this shall not affect the assertion of further claims resulting from non-payment.

11. Electronic invoicing

11.1 The Contractor is also entitled to send invoices to the Client in electronic form. The Client expressly agrees to the Contractor sending invoices in electronic form.

12. Duration of the contract

12.1 This contract shall generally end upon completion of the project.

12.2 Notwithstanding the above, the contract may be terminated by either party at any time for good cause without notice. Good cause shall be deemed to exist in particular if a contractual partner breaches material contractual obligations or if a contractual partner defaults on payment after insolvency proceedings have been opened. If there are justified concerns regarding the creditworthiness of a contractual partner in respect of whom insolvency proceedings have not been opened and this partner neither makes advance payments at the request of the contractor nor provides suitable security before the contractor performs and the other contractual partner was not aware of the poor financial circumstances when the contract was concluded.

13. Final provisions

13.1 The contracting parties confirm that they have provided all information in the contract conscientiously and truthfully and undertake to notify each other immediately of any changes.

13.2 Amendments to the contract and these GTC must be made in writing, as must any waiver of this formal requirement. There are no verbal collateral agreements.

13.3 This contract shall be governed by Austrian substantive law to the exclusion of the conflict of law rules of private international law. The place of performance shall be the place of the Contractor’s professional establishment. The court at the Contractor’s place of business shall have jurisdiction for disputes.