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terms of use

General Terms and Conditions of BEYOND EXPECTATIONS Ges.mbH (hereinafter referred to as BEYOND EXPECTATIONS)

  1. General principles / scope

    1. These general terms and conditions apply exclusively to all legal transactions between the customer and the contractor. The version valid at the time the contract is concluded is decisive.

    2. These general terms and conditions also apply to all future contractual relationships, even if they are not expressly referred to in additional contracts.

    3. Conflicting general terms and conditions of the client are invalid unless they are expressly recognized in writing by the contractor.

    4. In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective provision that comes closest in meaning and economic purpose.

  2. Scope of the consulting assignment / representation

    1. The scope of a specific consulting assignment is contractually agreed on a case-by-case basis.

    2. The contractor is entitled to have the tasks incumbent on him performed in whole or in part by third parties. The third party is paid exclusively by the contractor himself. There is no direct contractual relationship whatsoever between the third party and the client.

    3. The client undertakes not to enter into any business relationship of any kind with persons or companies that the contractor uses to fulfill its contractual obligations during or for a period of three years after the end of this contractual relationship. In particular, the client will not commission these persons and companies with such or similar consulting services that the contractor also offers.

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

    1. The client shall ensure that the organizational framework conditions at his place of business allow work to be carried out as undisturbed as possible and conducive to the rapid progress of the consulting process.

    2. The client will also comprehensively inform the contractor about previous and/or ongoing consultations - also in other specialist areas.

    3. The client ensures that the contractor is provided with all the documents necessary for the fulfillment and execution of the consulting order in a timely manner, even without his special request, and that he 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 consultant's work.

    4. The customer shall ensure that his employees and the employee representatives (works council) provided for by law and set up if necessary are informed by the contractor before the work begins.

  4. securing independence

    1. The contractual partners commit to mutual loyalty.

    2. The contractual partners mutually undertake to take all precautions that are suitable to prevent the independence of the commissioned third parties and employees of the contractor being endangered. This applies in particular to offers by the customer for employment or the acceptance of orders for their own account.

  5. Reporting / Duty to Report

    1. The contractor undertakes to report to the client on the progress of his work, that of his employees and, if applicable, also that of third parties commissioned.

    2. The client receives the final report within a reasonable period of time, ie two to four weeks, depending on the type of consulting assignment, after completion of the assignment.

    3. The contractor is not subject to instructions when producing the agreed work, acts at his own discretion and on his own responsibility. He is not tied to a specific place of work or specific working hours.

  6. intellectual property protection

    1. The copyrights to the works created by the contractor and his employees and commissioned third parties (in particular offers, reports, analyses, expert opinions, organization charts, programs, service descriptions, drafts, calculations, drawings, data carriers, etc.) remain with the contractor. They may only be used by the customer during and after the end of the contractual relationship for purposes covered by the contract. In this respect, the client is not entitled to reproduce and/or distribute the work(s) without the express consent of the contractor. Under no circumstances will the client be liable to third parties for unauthorized duplication/distribution of the work – in particular for the correctness of the work.

    2. If the customer violates these provisions, the contractor is entitled to terminate the contractual relationship immediately and prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.

  7. warranty

    1. Irrespective of fault, the contractor is entitled and obliged to rectify any inaccuracies and defects in its performance that become known. He will inform the customer of this immediately.

    2. This claim of the client expires six months after the respective service has been rendered.

  8. Liability / Compensation

    1. The contractor is only liable to the client for damage - with the exception of personal injury - in the event of gross negligence (intent or gross negligence). This also applies analogously to damage caused by third parties called in by the contractor.

    2. Claims for damages by the customer can only be asserted in court within six months of becoming aware of the damage and the damaging party, but at the latest within three years of the event giving rise to the claim.

    3. In each case, the customer must provide evidence that the damage can be traced back to the fault of the contractor.

    4. If the contractor performs the work with the help of third parties and warranty and/or liability claims arise against these third parties in this context, the contractor assigns these claims to the customer. In this case, the client will primarily rely on these third parties.

  9. Confidentiality / Data Protection

    1. The contractor undertakes to maintain strict confidentiality about all business matters of which he is aware, in particular business and trade secrets as well as any information that he receives about the type, scope of operations and practical activities of the client.

    2. Furthermore, the contractor undertakes to maintain secrecy towards third parties about the entire content of the work and all information and circumstances that he received in connection with the creation of the work, in particular also about the data of clients of the client.

    3. The contractor is released from the duty of confidentiality towards any assistants and deputies he uses. However, he has to transfer the confidentiality obligation to them completely and is liable for their violation of the confidentiality obligation as for his own violation.

    4. The confidentiality obligation extends beyond the end of this contractual relationship.

    5. The contractor is entitled to process personal data entrusted to him within the scope of the purpose of the contractual relationship. The client warrants to the contractor that all necessary measures, in particular those within the meaning of the Data Protection Act, such as declarations of consent by those affected, have been taken.

  10. fee

    1. After completion of the agreed work, the contractor receives a fee according to the agreement between the client and the contractor. The contractor is entitled to submit interim accounts according to the progress of the work and to request advance payments corresponding to the respective progress. The fee is due upon invoicing by the contractor.

    2. The contractor will issue an invoice with all legally required features that entitles the customer to deduct input tax.

    3. Any cash expenses, expenses, travel expenses, etc. incurred are to be additionally reimbursed by the client against the contractor's invoice.

    4. If the agreed work is not carried out for reasons attributable to the client or due to a justified early termination of the contractual relationship by the contractor, the contractor retains 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 expected for the entire agreed work, less the expenses saved. The expenses saved are agreed at a flat rate of 30 percent of the fee for those services that the contractor has not yet provided by the day the contractual relationship ends.

    5. In the event of non-payment of interim bills, the contractor is 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

    1. The contractor (management consultant) is entitled to send the client invoices in electronic form. The customer expressly agrees to the sending of invoices in electronic form by the customer.

  12. Duration of the contract

    1. In principle, this contract ends with the completion of the project.

    2. Irrespective of this, the contract can be terminated by either party at any time for important reasons without observing a period of notice. An important reason is, in particular,

      1. if a contractual partner violates essential contractual obligations or

      2. if insolvency proceedings are opened against a contractual partner or the application for bankruptcy is rejected due to a lack of assets to cover costs.

  13. Final Provisions

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

    2. Changes to the contract and these GTC must be in writing; as well as a departure from this formal requirement. Verbal collateral agreements do not exist.

    3. Substantive Austrian law is applicable to this contract, excluding the reference norms of private international law. The place of fulfillment is the place of business establishment of the contractor. The court at the place of business of the contractor is responsible for disputes.

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