1.1 All legal transactions between the Principal and the Agent (hereafter called „TheMove OG“) shall be subject to these General Terms and Conditions exclusively. The version valid at the time the contract is concluded shall be applicable.
1.2. These General Terms and Conditions shall also apply to any future contractual relationships even if these General Terms and Conditions are not expressly referred to in collateral contracts.
1.3. Any conflicting General Terms and Conditions on the part of the Principal shall be invalid.
2. Scope of Consulting and Services
2.1. TheMove OG is coaching, consulting, training employers, employees, persons in change processes and in reaching targets. TheMove OG is responsible for providing these services, but not for the success, the invoice amount is to be paid. A pay-back of received payment because of these reasons is excluded. The scope of each particular service assignment shall be individually agreed by contract. TheMove OG is not liable for the success of the contents and the methods.
2.2 .TheMove OG assumes - during Executive Coaching - that the coachee is mentally healthy. The coaching provided by TheMove OG are not suitable to replace any medical or therapeutical treatment.
2.3. Comments from TheMove OG on medical, psychological, legal, tax or economic issues are not binding and not part of the range of services.
2.4. TheMove OG shall be entitled to subcontract, in whole or in part, the services for which TheMove OG is responsible for third parties. Payment of said third parties shall be effected exclusively by TheMove OG. No contractual relationship of any kind shall exist between the Principal and said third party.
3. Principal’s Obligation to Provide Information
3.1. The Principal shall ensure that during the performance of the consulting assignment, organizational conditions in the Principal’s place of business allow the consulting process to proceed in a timely and undisturbed manner.
3.2. The Principal shall, in a timely manner and without special request on the part of TheMove OG, provide TheMove OG with all documents necessary to fulfill and perform the consulting assignment and shall inform TheMove OG of all activities and conditions pertinent to the performance of the consulting assignment. This includes all documents, activities and conditions that become known or available during the performance of the consulting assignment.
4. Protection of Intellectual Property
4.1 TheMove OG shall retain all copyright to any work done by TheMove OG and / or by persons working for TheMove OG and / or by third parties employed by TheMove OG (including but not limited to tenders, reports, analyses, expert opinions, organization charts, programs, performance descriptions, drafts, calculations, drawings, data media, etc). During the contract period and after termination thereof, the Principal may use these materials exclusively for the purposes described unter the Contract. Therefore, the Principal shall not be entitled to copy or distribute these materials without the explicit consent of TheMove OG.
4.2. Any violation of this provision by the Principal shall entitle TheMove OG to prematurely terminate the Contract and to enforce other legal claims, in particular for restraint and / or damages.
5.1. TheMove OG shall be entitled and obligated, regardless of fault, to correct any errors and/or inaccuracies in the work of TheMove OG, which have become known subsequently. TheMove OG shall immediately inform the Principal thereof.
5.2. The right of the Principal expires six months after completion of the respective service.
6. Liability / Damages
6.1. TheMove OG shall be liable to the Principal for damages - with the exception of personal injury - only to the extent that these are the result of serious fault (intention or gross negligence), Correspondingly, this also applies to damages resulting from third parties by TheMove OG.
6.2. Any claim for damages on the part of the Principal may only be enforced by law within six months after those entitled to assert a claim have gained knowledge of the damage and the liable party, but not later than three years after the incident upon which the claim is based. 6.3. The Principal shall furnish evidence of the fault of TheMove OG.
6.4. If TheMove OG performs the required services with the help of third parties, any warranty claims and claims for damages which arise against the third party shall be passed on to the Principal. In this case. the Principal shall primarily refer to the third party.
7. Confidentiality / Data Protection
7.1. TheMove OG shall be obligated to maintain complete confidentiality concerning all business matters made known to TheMove OG in the course of services performed, especially trade and company secrets and any other information concerning the type and / or scope of business and/ or practical activities of the Principal.
7.2. The Move OG shall not be obligated to maintain confidentiality towards any person working for TheMove OG or its representatives. TheMove OG is required to obligate such persons to maintain complete confidentiality on their part in the same way as if TheMove OG had breached confidentiality.
7.3. The obligation to maintain confidentiality shall persist indefinitely even after termination of this contract - with the exception of any duty to give evidence.
7.4. TheMove OG is entitled to state the Principal as reference in its marketing tools and on its website, if the Principal agrees in written. Hence, in this TheMove OG is not obligated to maintain confidentiality.
8.1. After completion of the services agreed upon, TheMove OG shall receive remuneration agreed upon in advance between TheMove OG and the Principal. TheMove OG shall be entitled to render intermediate accounts and to demand payment on account as required by the progress of the work. Remuneration shall be due and payable immediately after rendering accounts by the Agent. TheMove OG shall render accounts which entitle to deduct input tax and contain all elements required by Austrian law.
8.2. Any cash expenditures, expenses, travel expenses, etc. shall be reimbursed to TheMove OG by the Principal separately, upon submission of the appropriate receipts.
8.3. In the event that the work agreed upon is not complete due to reasons on the part of the Principal, or due to a premature termination of contract by TheMove OG for cause, TheMove OG shall be entitled to claim payment in full of the remuneration agreed upon in advance, less expenses not incurred.
8.4. The the event of intermediate invoices are not paid, TheMove OG shall be released from its commitment to provide further services. This shall not apply to any further claims resulting from default of payment.
8.5. TheMove OG shall be entitled to transmit invoices electronically. The Principal agrees explicitly to accept invoices transmitted electronically by TheMove OG.
8.6. Confirmed orders may be cancelled up to six days before the the agreed appointment. In the case of cancellation within six days before the agreed appointment or if the Principal is not coming, the Principal has to pay 100% of the invoice amount.
9. Duration of the Agreement
9.1. This Contract terminates with the completion of the project, coaching, training, key note.
9.2. Apart from this, this Contract may be terminated for good cause by either party at any time without notice. Grounds for premature termination include the following: one party breaches major provisions of the Contract legitimate concerns exist regarding the Principal’s credit stand-in, even though insolvency proceedings have not been opened, the Principal fails to make an advance payment or to furnish suitable security at TheMove’s OG request and TheMove OG didn’t know about the Principal’s bad financial situation when the contract was concluded.
10. Final Provisions
10.1. The contracting parties declare that all information contained herein is accurate and made in good conscience. They shall be mutually obligated to immediately inform the other party of any changes.
10.2. Modifications of and amendments to this Contract or these General Terms and Conditions shall be made in writing. This shall also apply to a waiver of this requirement in written form.
10.3. The ineffectiveness of individual provisions has no impact on the other provisions. The provision that has become ineffective will be replaced by a specific one which comes closest to its economic purpose.
10.4. The Principal agrees that its data are stored electronically.
10.5. This Contract is governed by the substantive law of the Republic of Austria excluding the conflict-of-law rules of international private law. Place of fulfilment is the registered business establishment of TheMove OG. Jurisdiction in all disputes is the court in the place where TheMove OG is based.
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