Terms and Conditions
Terms and Conditions
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts between Optimizes OG (hereinafter referred to as the “Provider”) and its customers (hereinafter referred to as the “Customer”).
1.2 Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their applicability in writing.
2. Service Description
2.1 The Provider offers services in the field of business consulting, particularly in the areas of optimization and efficiency improvement.
2.2 The exact scope of services shall be defined individually in the respective contract.
3. Provision of Services
3.1 The Provider undertakes to perform the agreed services to the best of its knowledge and belief and in accordance with the principles of proper professional conduct.
3.2 The Provider is entitled to engage qualified subcontractors for the performance of services but remains responsible to the Customer for the fulfillment of the contract.
3.3 The Provider shall regularly inform the Customer about significant progress in the course of service delivery.
4. Obligations of the Customer to co-operate
4.1 The Customer undertakes to provide the Provider with all necessary information, data, and documents in a timely and complete manner.
4.2 The Customer is obliged to actively cooperate to the extent necessary for the provision of the agreed services.
5. Remuneration and Terms of Payment
5.1 The remuneration shall be based on the individually agreed fee.
5.2 Unless otherwise agreed, all invoices are payable within 14 days from the invoice date without any deductions.
5.3 In the event of payment default, the Provider is entitled to charge default interest at a rate of 9.2% above the base interest rate in accordance with Austrian law (§ 456 of the Austrian Commercial Code – UGB).
6 Liability and Warranty
6.1 The Provider shall only be liable for damages caused by intentional or grossly negligent conduct.
6.2 Liability for simple negligence is excluded, except in cases of breach of essential contractual obligations.
6.3 To the extent permitted by law, the Provider shall not be liable for indirect damages, loss of profit, or consequential damages.
6.4 The Provider assumes no liability for the completeness or accuracy of the information provided by the Customer.
7. Confidentiality
7.1 Both parties undertake to treat all confidential information disclosed in the course of their collaboration with strict confidentiality.
7.2 This obligation shall remain in effect even after the termination of the contractual relationship.
8. Cancellation
8.1 Ordinary termination during an agreed contract term is excluded unless expressly agreed otherwise.
8.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall in particular exist if one of the parties seriously or repeatedly breaches contractual obligations.
9. Final Provisions
9.1 Amendments and additions to these General Terms and Conditions must be made in writing. This also applies to any waiver of the written form requirement.
9.2 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic intent of the invalid provision.
9.3 These GTC shall be governed exclusively by Austrian law, excluding international conflict-of-law rules.
9.4 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC shall be Vienna.