1. General principles / scop
1.1 These general terms and conditions apply exclusively to all legal transactions between the
client and EV Executive Research Services (hereinafter referred to as EV ERS). The version valid at
the time the contract is concluded is decisive.
1.2 These general terms and conditions also apply to all future contractual relationships, even if
this is not expressly stated in additional contracts.
2. Scope of the consulting assignment / representation
2.1 The scope of a specific consulting contract is contractually agreed in individual cases.
2.2 EV ERS is entitled to have all or part of the tasks performed performed by third parties. The
third party is paid exclusively by EV ERS. There is no direct contractual relationship of any kind
between the third party and the client.
3. Client's duty to provide information / declaration of completeness
3.1 The client ensures that EV ERS is provided with all documents necessary for the fulfillment and
execution of the consulting order in a timely manner and that EV ERS is informed of all processes
and circumstances that are important for the execution of the consulting order. This also applies to
all documents, processes and circumstances that only become known during the work of the consultant.
4. Reporting / reporting obligation
4.1 EV ERS undertakes to report on the work and, where applicable, the commissioned third parties to
the progress of the work in accordance with the client.
5. Protection of intellectual property
5.1 The copyrights to EV ERS and any commissioned third party works (in particular reports,
analyzes, organizational plans, etc.) remain with EV ERS. They may only be used by the client during
and after the termination of the contractual relationship for purposes covered by the contract. The
client is therefore not entitled to reproduce and / or distribute the work (s) without the express
consent of EV ERS. Under no circumstances does EV-ERS assume liability for third parties due to the
unauthorized reproduction / distribution of the work - especially for the correctness of the work.
5.2 The client's violation of these provisions entitles EV ERS to terminate the contractual
relationship prematurely and to assert other legal claims, in particular for injunctive relief and /
or compensation.
6. Liability / compensation
6.1 EV ERS is only liable to the client for damage - except for personal injury - in the event of
gross negligence (intent or gross negligence). This also applies mutatis mutandis to damage caused
by third parties consulted by EV ERS.
6.2 All information from EV ERS has been made to the best of our knowledge and belief and is based
on the information provided by the client and candidate.
6.3 Claims for damages by the customer can only be brought to court within six months of becoming
aware of the damage and the damaging party, but at the latest within three years after the event
that justified the claim.
6.4 The client must provide evidence that the damage is due to the fault of the contractor.
7. Confidentiality / data protection
7.1 EV ERS undertakes to maintain absolute secrecy about all business matters that become known, in
particular business and trade secrets, and any information that EV ERS receives about the type,
scope of business and practical activity of the client.
7.2 Furthermore, EV ERS undertakes to keep third parties confidential about the entire content of
the work as well as all information and circumstances that EV ERS has received in connection with
the creation of the work, in particular also about the data of clients of the client.
7.3 EV ERS is released from the duty of confidentiality towards any assistants and deputies whom it
uses. However, EV ERS is obliged to fully comply with the obligation to maintain confidentiality and
is liable for its violation of the confidentiality obligation as for its own violation.
7.4 The duty of confidentiality extends indefinitely beyond the end of this contractual
relationship. There are exceptions in the case of statutory information requirements.
7.5 EV ERS is entitled to process entrusted personal data within the scope of the purpose of the
contractual relationship. The client guarantees EV ERS that all necessary measures, in particular
those within the meaning of the Data Protection Act, such as declarations of consent by those
concerned, have been taken.
8. Fee
8.1 After completion of the agreed work, EV ERS receives a fee in accordance with the agreement
between the client and the contractor. EV ERS is entitled to submit interim accounts according to
the progress of the work and to request payments on account of the respective progress. The fee is
due with EV ERS's invoicing.
8.2 EV ERS will issue an invoice entitling the input tax deduction with all legally required
characteristics.
8.3 Incurred cash expenses, expenses, travel expenses, etc. are to be reimbursed by the client
against EV ERS.
8.4 Costs for advertisements are borne by the client according to the applicable tariffs.
8.5 If the execution of the agreed work is omitted for reasons on the part of the customer or due to
a legitimate premature termination of the contractual relationship by EV ERS, EV ERS retains the
right to payment of the entire agreed fee less saved expenses. In the event of an hourly fee being
agreed, the fee for the number of hours that was expected for the entire agreed work must be paid
less the expenses saved. The saved expenses are agreed as a flat rate with 30 percent of the fee for
those services that the contractor has not yet provided by the day the contractual relationship
ends.
8.6 In the event of non-payment of interim bills, EV ERS is released from the obligation to provide
further services. This does not affect the assertion of further claims resulting from non-payment.
9. Electronic accounting
9.1 EV ERS is entitled to also send invoices to the customer in electronic form. The client
expressly consents to EV ERS sending invoices in electronic form.
10. Duration of the contract
10.1 This contract basically ends with the completion of the project.
10.2 Regardless of this, the contract can be canceled at any time for important reasons from either
side without observing a notice period. The main reason is
- if a contractual partner violates essential contractual obligations or
- if a contractual partner falls into arrears after opening insolvency proceedings.
- if there are legitimate concerns about the creditworthiness of a contractual partner over whom no
insolvency proceedings have been opened, and the latter does not make advance payments at the
request of the contractor or provides suitable security before the contractor has performed and the
poor financial circumstances were not known to the other contractual partner when the contract was
concluded.
11. Final provisions
11.1 The contracting parties confirm that they have given all information in the contract
conscientiously and truthfully and undertake to mutually announce any changes immediately.
11.2 Changes to the contract and these terms and conditions must be made in writing; also a
departure from this formal requirement. Verbal collateral agreements do not exist.
11.3 Substantial Austrian law is applicable to this contract, excluding the reference norms of
international private law. The place of performance is the place of EV ERS's professional
establishment. The court at EV ERS's place of business is responsible for any disputes.