General Terms and Conditions

1. General principles / scope

1.1 For all legal transactions between the client and Websters e.U. These general terms and conditions apply exclusively. The version valid at the time the contract is concluded is relevant.

1.2 These General Terms and Conditions also apply to all future contractual relationships, even if this is not expressly stated in additional contracts.

1.3 Conflicting general terms and conditions of the client are invalid unless these are accepted by Websters e.U. expressly acknowledged in writing.

1.4 In the event that individual provisions of these General Terms and Conditions are and/or become ineffective, this will not affect the effectiveness of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision must be replaced by an effective provision that comes closest to its meaning and economic purpose.

2. Scope of the order (interim management, consulting, training)

2.1 The scope of a specific order is contractually agreed on a case-by-case basis.

2.2 Websters e.U. is entitled to have the tasks incumbent on it performed in whole or in part by third parties. The third party is paid exclusively by Websters e.U. itself. There is no direct contractual relationship of any kind between the third party and the client.

2.3 The client undertakes not to enter into any business relationship of any kind with persons or companies whose members are Websters e.U. during or until three years after termination of this contractual relationship. to fulfill its contractual obligations. In particular, the client will not commission these people and companies to provide such or similar services that Websters e.U. offers.

3. The client's obligation to provide information / declaration of completeness

3.1 The client ensures that the organizational framework conditions at his place of business when fulfilling the order allow work to be carried out as undisturbed as possible and conducive to the rapid progress of the order process.

3.2 The client will be Websters e.U. also provide comprehensive information about previously carried out and/or ongoing services - also in other specialist areas.

3.3 The client ensures that Websters e.U. Even without his special request, all documents necessary for the fulfillment and execution of the order are presented in a timely manner and he is informed of all processes and circumstances that are important for the execution of the order. This also applies to all documents, processes and circumstances that only come to light during the activity of Websters e.U. become known.

3.4 The client ensures that his employees and the legally required and, if necessary, employee representatives (works council) are represented before Websters e.U. begins its activities. be informed by this.

4. Securing independence

4.1 The contractual partners commit themselves to mutual loyalty.

4.2 The contractual partners mutually undertake to take all precautions that are suitable to prevent the independence of Stevan Vlajic's commissioned third parties and employees from being jeopardized. This applies in particular to offers from the client for employment or to take on orders on their own account.

5. Reporting/Reporting Obligation

5.1 Websters e.U. undertakes to report on its work, that of its employees and, where applicable, also the commissioned third parties in accordance with the progress of the work to the client.

5.2 The client will receive the final report in a reasonable time, i.e. h. two to four weeks, depending on the type of service, after completion of the order.

5.3 Websters e.U. is free of instructions in the production of the agreed work, acts at its own discretion and under its own responsibility. It is not bound to any specific place of work or working time.

6. Protection of Intellectual Property

6.1 The copyrights to the contents of Websters e.U. and its employees and commissioned third parties (in particular offers, reports, analyses, reports, organizational plans, programs, service descriptions, drafts, calculations, drawings, data carriers, etc.) remain with Websters e.U. They may be used by the client during and after termination of the contractual relationship exclusively for the purposes covered by the contract. The client is therefore not entitled to use the work(s) without the express consent of Websters e.U. to reproduce and/or distribute. Under no circumstances will Websters e.U. be liable for unauthorized reproduction/distribution of the work. - in particular for the accuracy of the work - towards third parties.

6.2 The client's violation of these provisions entitles Websters e.U. for the immediate early termination of the contractual relationship and for the assertion of other legal claims, in particular for injunctive relief and/or compensation.

7. Poor performance

7.1 Websters e.U. is entitled and obliged to remedy any inaccuracies and defects in its performance. Websters e.U. will inform the customer immediately.

7.2 This claim of the client expires six months after the respective service has been provided.

8. Liability/damages

8.1 Websters e.U. is liable to the customer for damages – except for personal injury – only in the case of gross negligence (intention or gross negligence). This applies mutatis mutandis to damages caused by third parties involved by Websters e.U. Both liability for slight negligence and any liability for lost profit are excluded.

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 perpetrator, 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 was caused by Websters e.U. is attributable.

8.4 If Websters e.U. If the service is provided with the help of third parties and warranty and/or liability claims arise against these third parties in this context, Stevan Vlajic assigns these claims to the client. In this case, the client will give priority to these third parties.

8.5 In any case, Websters e.U.'s liability is limited to the amount of half the fee, to the extent permitted by law.

9. Confidentiality / data protection

9.1 Websters e.U. undertakes to remain unconditionally silent about all commercial matters that come to his attention, in particular business and trade secrets, as well as any information that he receives about the nature, scope and practical activity of the client.

9.2 Furthermore, Websters e.U. undertakes to keep silent with third parties regarding the entire content of the work as well as all information and circumstances received in connection with the creation of the work, in particular regarding the data of clients of the client.

9.3 Websters e.U. is released from the duty of confidentiality towards any assistants and deputies to whom he makes use. However, he has to transfer the duty of confidentiality to them completely and is liable for their violation of the obligation of confidentiality as well as for his own violation.

9.4 The obligation of confidentiality extends for 5 years after the end of this contractual relationship. Exceptions exist in the case of legally required statements.

9.5 Websters e.U. is entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The customer guarantees Stevan Vlajic that all necessary measures, in particular those in the sense of the Data Protection Act, such as declarations of consent of the persons concerned, have been taken for this purpose.

10. Fee

10.1 After completion of the agreed service, Websters e.U. a fee in accordance with the agreement between the client and Websters e.U.. Websters e.U. is entitled, in accordance with the agreement between the client and Websters e.U. to prepare interim invoices and to request advance payments corresponding to the respective progress. The fee is invoiced by Websters e.U. due.

10.2 Websters e.U. will each issue an invoice entitled to the deduction of VAT with all the characteristics required by law.

10.3 Any cash outlays, expenses, travel costs, etc. are subject to invoicing by Websters e.U. must be replaced by the client with an additional administration surcharge of 3%.

10.4 If the agreed 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 Websters e.U., Websters e.U. 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 that could be expected for the entire agreed service, less the saved expenses. The saved expenses are agreed at a flat rate of 30 percent of the fee for those services that Stevan Vlajic has not yet provided by the day the contractual relationship is terminated.

10.5 In the event of non-payment of interim invoices, Websters e.U. released from his obligation to provide further services. However, this does not affect the assertion of further claims resulting from non-payment.

11. Electronic invoicing

11.1 Websters e.U. is entitled to transmit invoices to the customer also in electronic form. The customer expressly agrees to the sending of invoices in electronic form by Websters e.U.

12. Duration of the contract

12.1 This contract generally ends with the completion of the agreed service period or project.

12.2 Regardless, the contract can be terminated at any time for important reasons by either party without observing a notice period. The following is particularly important reason:

– if a contractual partner breaches material contractual obligations or
– if a contractual partner is late in payment after opening insolvency proceedings.
– if there are legitimate concerns about the creditworthiness of a contracting party ...

13. Final provisions

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

13.2 Amendments to the contract and these GTC require the written form; also a departure from this formal requirement. oral additional agreements do not exist.

13.3 Substantive Austrian law applies to this contract, excluding the reference norms of international private law. The place of performance is the place of business of Websters e.U.. For disputes, the court at the place of business of Websters e.U. responsible.