GTC
General Terms and Conditions of Sport Bründl Gesellschaft m.b.H.
PREAMBLE
The “General Terms and Conditions” are an integral part of work contracts and offers, which have professional consultancy of clients by Sport Bründl Gesellschaft m.b.H. as their subject matter, within the context of the generally accepted professional principles.
(2) In the event that individual provisions of the GTC should become invalid, this shall not otherwise affect the validity of the remaining provisions.
(3) Sport Bründl Gesellschaft m.b.H. is entitled to have the consultancy assignment carried out by qualified employees or commercial/freelance cooperation partners.
(4) The client shall ensure that Sport Bründl Gesellschaft m.b.H., also in the absence of a specific request, is provided with all necessary documents for fulfilment and implementation of the consultancy assignment in good time and that it is informed about all procedures and circumstances, which are pertinent to the implementation of the assignment. This also applies to all documents, processes and circumstances that only become known during the consultant’s activity.
(5) The trust relationship between the client and Sport Bründl m.b.H. requires that Sport Bründl Gesellschaft m.b.H. is extensively informed about previously conducted and/or ongoing consultancies.
§ 1 Scope
These GTC shall be valid upon confirmation of the assignment by the client.
§ 2 Extent of the consultancy assignment
The extent of the consultancy assignment shall be arranged by means of offer and acceptance.
§ 3 Assurance of independence
(1) The contracting parties mutually undertake to undertake all precautions, which are suitable for preventing any threat to the independence of the cooperation partners and employees of Sport Bründl Gesellschaft m.b.H.
§ 4 Protecting the intellectual property of Sport Bründl Gesellschaft m.b.H. / copyright / use
(1) The client undertakes to ensure that offers, reports, analyses, opinions, service descriptions, drafts, calculations, drawings, data media and similar, which are created by Audit Services GmbH Wirtschaftsprüfung, its employees and cooperation partners, during the course of the consultancy assignment, are only used for assignment purposes. In particular, the remunerated and non-remunerated disclosure of professional statements of any type by Sport Bründl Gesellschaft m.b.H. to third parties shall require its written consent. No liability by Sport Bründl Gesellschaft m.b.H. shall be predicated toward third parties.
(2) The use of professional statements made by Sport Bründl Gesellschaft m.b.H. for advertising purposes by the client is inadmissible. A violation shall entitle Sport Bründl Gesellschaft m.b.H. to cancellation without notice of all assignments not yet carried out.
(3) Sport Bründl Gesellschaft m.b.H. shall retain a copyright to its services.
(4) In view of the fact that the consultancy services are intellectual property of Sport Bründl Gesellschaft m.b.H., the right of use to the same shall also be exclusively for the client’s own purposes after payment of the fee and only to the extent described in the contract. Any disclosure which nevertheless occurs, also during the course of liquidating the company or a bankruptcy, as well as short-term surrendering for reproduction purposes, shall entail compensation claims.
§ 5 Rectification of defects and warranty
The statutory provisions apply.
§ 6 Liability
(1) Sport Bründl Gesellschaft m.b.H. and its employees shall act in accordance with the generally accepted principles of professional conduct with the implementation of the consulting. Sport Bründl Gesellschaft m.b.H. assumes no liability for the topicality, correctness, completeness or quality of the information provided by the client and the opinions, analyses, reports, etc. based on these.
§ 7 Duty of confidentiality
(1) Sport Bründl Gesellschaft m.b.H. and its employees undertake to maintain confidentiality regarding all matters that become known to them in relation to their activity for the client.
(2) Sport Bründl Gesellschaft m.b.H. shall only be permitted to issue reports, opinions and other written statements about the results of its activity with the client’s consent.
(3) Sport Bründl Gesellschaft m.b.H. is authorised to process, or have third parties process, personal data, which has been entrusted to it within the context of the designated purpose of the consultancy assignment. Sport Bründl Gesellschaft m.b.H. guarantees data secrecy pursuant to the provisions of the Data Protection Act.
§ 8 Fee entitlement
(1) As consideration for the performance of its consultancy services, Sport Bründl Gesellschaft m.b.H. is entitled to the payment of an adequate fee by the client.
(2) If the implementation of the assignment is prevented by the client after acceptance of the offer (e.g. due to cancellation), Sport Bründl Gesellschaft m.b.H. shall nevertheless be entitled to the agreed fee.
(3) If the implementation of the assignment is not forthcoming due to circumstances that constitute good cause on the side of Sport Bründl Gesellschaft m.b.H., it shall only be entitled to the part of the fee attributable to its services performed so far. This specifically applies, if in spite of the cancellation, its previous services are realisable for the client.
(4) Sport Bründl Gesellschaft m.b.H. can make the completion of its service dependent on the full satisfaction of its fee claims. Except in the case of obvious defects, any complaint regarding the work of Sport Bründl Gesellschaft m.b.H. shall not provide any entitlement to retention of its remuneration entitlements.
§ 9 Applicable law, place of performance, legal venue
(1) For the assignment, its implementation and the resulting claims, only Austrian law shall apply, provided that nothing has been otherwise agreed.
(2) The place of performance is the location of the central branch of Sport Bründl Gesellschaft m.b.H.
(3) The court at the central branch of Sport Bründl Gesellschaft m.b.H. is responsible for disputes.
