1.1. These General Terms and Conditions (GTC) apply to all contracts, consultancy services, market analyses, project development activities and other services provided by HLMR Beratung und Marketing GmbH (hereinafter the “Contractor”) to its contracting partners (hereinafter the “Client”).
1.2. The offering is directed exclusively at entrepreneurs within the meaning of section 1 of the Austrian Commercial Code (UGB) (B2B). Any differing or supplementary terms of the Client shall not form part of the contract unless the Contractor has expressly agreed to their application in writing.
2.1. The Contractor’s offers are subject to change and non-binding. A contract is concluded only upon written confirmation of the order or commencement of the services.
2.2. The precise scope of the services to be provided is set out in the relevant service agreement or the individually agreed offer.
3.1. The Client shall provide the Contractor, in a timely and complete manner, with all information, documents and data necessary for the proper performance of the assignment.
4.1. Remuneration is based on the fees agreed in the relevant contract. All prices are stated in euros, exclusive of statutory VAT.
4.2. Unless otherwise agreed, invoices are payable without deduction within 14 days of the invoice date.
4.3. In the event of late payment, the statutory default interest for business-to-business transactions under section 456 UGB shall apply.
5.1. Except in cases of personal injury, the Contractor shall be liable for damage only in the event of intent or gross negligence.
5.2. Liability for slight negligence, loss of profit, consequential damage or pure economic loss is excluded to the extent permitted by law.
6.1. All analyses, reports, concepts and other documents prepared by the Contractor shall remain the Contractor’s intellectual property.
7.1. Both contracting parties undertake to keep confidential all business and trade secrets of the other party that become known to them in the course of their cooperation.
8.1. Austrian substantive law shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law.
8.2. The court in Vienna having subject-matter jurisdiction (Handelsgericht Wien – Vienna Commercial Court) shall have exclusive jurisdiction over all disputes arising out of or in connection with this contractual relationship.
