General Terms & Conditions

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1. Performance of Services
The obligation to perform the services - particularly adherence to proposed deadlines - arises only after written order confirmation by the contractor. Should change requests or additional requirements from the client arise during project execution, any associated additional effort will be specified, agreed upon, and invoiced separately. If the agreed services cannot be provided due to force majeure, illness, quarantine, official or governmental orders, or other circumstances beyond the contractor’s control, the contractor is entitled to reschedule the agreed services to an alternative date to be mutually agreed upon. Claims for damages by the client or customer due to postponement are excluded.

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2. Confidentiality and Copyright
The client and the contractor mutually undertake to treat all information and matters that become known in the course of service provision as confidential. Copyright remains with the party who contributed the materials and documents. Reproduction, duplication, or distribution of electronic files, documents, and work results - except for the client’s own internal purposes - as well as disclosure to third parties, is permitted only with written authorization.

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3. Invoicing
All invoices (fees) are due without deduction no later than 14 days after receipt. Deviating payment terms must be agreed in writing in advance and may not exceed 30 days. Invoicing may be issued in the form of partial invoices where applicable. If setup costs are stated in the offer, they will be invoiced immediately upon engagement or order confirmation. In the case of planned workshops, 50% of the fee will be charged prior to the workshop date.

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4. Cancellations or Appointment Withdrawals
The following rates apply for cancellations of orders or partial orders:

• Cancellation after order confirmation: 25% of the order value.

• Cancellation of agreed dates more than 4 weeks before the assignment date: free of charge.

• Cancellation within less than 4 weeks before the start of work: 50% of the order value.

• Cancellation within less than 2 weeks before the start of work: 75% of the order value.

• Cancellation within less than 1 week before the start of work: 100% of the order value.
  A postponement of an appointment is deemed a cancellation.

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5. Quality Management
For quality assurance, the contractor reserves the right to carry out individual or multiple implementation steps on site together with a second consultant. This deployment must be coordinated with the client and, where possible, remunerated with appropriate compensation.

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6. Expenses and Additional Costs
Expenses and additional costs (room costs, additionally requested materials, etc.) as well as travel expenses (transportation costs, accommodation costs, etc.) will be charged based on actual expenditure according to cost statements or receipts. Travel by car will be charged at EUR 0.50 per kilometer. Rail travel will generally be booked in first class. The contractor will book the required train tickets as early as possible in order to make use of, where applicable, significantly cheaper saver fares, which may include train-specific binding and limited cancellation options. Alternatively, a flat-rate travel fee may be agreed instead of billing based on actual costs. The client shall bear the costs of any required conference rooms, their equipment, and catering for participants.

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7. Written Form

Any deviations from these terms and conditions shall be binding only if agreed in writing.

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8. Liability
The contractor and its agents (“subcontractors”) shall perform the assignment with the diligence of a prudent businessperson. The contractor shall be liable only in cases where intent or gross negligence can be proven, and solely within the scope of the statutory provisions. The contractor shall under no circumstances be liable for loss of profit. Any claim for damages shall in all cases be limited to the agreed fee amount. Claims for damages may only be asserted in court within six months after completion of the service (submission of the final report).

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9. Place of Jurisdiction
The place of jurisdiction for all disputes shall be Vienna. In all other respects, unless otherwise provided above, the General Terms and Conditions for Management Consulting shall apply.

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Contact

Mag. Hengameh Mohsenzadeh Rabbani
Founder & Owner
Veitlissengasse 10/2/4
1130 Vienna

Email: hengameh@x-emotions.com
Mobile: +43 664 618 44 337

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