GT&C
General Terms and Conditions -
FACT IS FACT e.U.
1. The "General Terms and Conditions for Management Consultants, June 2021" (
) formulated by the Austrian Professional Association of Management Consultancy, Accounting and Information Technology of the Austrian Federal Economic Chamber are an integral part of these “General Terms and Conditions - FACT IS FACT e.U.” - hereinafter only the term FACT IS FACT is used - with the following additions and amendments.
2. Amendment to 5.3 Reporting / obligation to report
FACT IS FACT shall not be bound by directives while performing the agreed service and shall be free to act at FACT IS FACT’s discretion and under FACT IS FACT’s own responsibility but will observe the necessary project-related and task-specific requirements. FACT IS FACT shall not be required to work in a particular place or to keep particular working hours.
FACT IS FACT shall not be integrated into the business organization of the Principal or its end customers. The Principal shall inform its relevant end customers accordingly.
3. Amendment to 6.1 Protection of intellectual property
FACT IS FACT shall retain all copyrights to any documentations created by FACT IS FACT and/or by persons working for FACT IS FACT and/or by third parties employed by FACT IS FACT (including but not limited to tenders, reports, analyses, expert opinions, organization charts, performance descriptions, drafts, calculations, drawings, data media, etc.). During the contract period and after termination thereof, the Principal may use these documentations exclusively for the purposes described under the contract. Therefore, the Principal shall not be entitled to copy or distribute these documentations without the explicit consent of FACT IS FACT. Under no circumstances, shall FACT IS FACT be liable to third parties, in particular for the accuracy of the documentations, in the event of unauthorized copying/distribution of the documentations
4. Amendment to 9.2 Confidentiality / data protection
Furthermore, FACT IS FACT shall be obligated to maintain complete confidentiality towards third parties concerning the content of the documentations completed, as well as any information and conditions that contributed to the completion of the documentations, particularly concerning data on the Principal’s clients.
5. Amendment to 10.1 Remuneration
After completion of the services agreed upon, FACT IS FACT shall receive remuneration agreed upon in advance between FACT IS FACT and the Principal. In the event of a service period of several months FACT IS FACT shall be entitled to render pro rata intermediate accounts per month and to demand payment on account. Remuneration shall be due promptly and payable without deduction immediately after rendering accounts by FACT IS FACT. In the event of default, the statutory default interest () shall be deemed agreed.
6. Amendment to 10.3 Remuneration
For services outside the registered place of business of FACT IS FACT, Graz, the following travel and accommodation costs shall be charged to the Principal:
- Car – officially valid mileage allowance
- Rental car - ACRISS code “SDAR”
- Flight - Business Class (intercontinental), Economy Class (inner-European)
- Rail - 1st class according to tariff
- Bus, cab, parking garage according to receipts.
- Other travel expenses as incurred, accommodation and subsistence costs as incurred.
Any cash outlays, other expenses, etc. incurred shall be additionally reimbursed by the Principal on receipt of an invoice from FACT IS FACT.
7. Amendment to 10.4 Remuneration
In the event that the service agreed upon is not completed due to reasons on the part of the Principal, or due to a premature termination of contract by FACT IS FACT for cause, FACT IS FACT shall be entitled to claim payment in full of the remuneration agreed upon in advance, less expenses not incurred. In the event that an hourly fee had been agreed upon, the Principal shall pay for the number of hours expected to be required for the entire contracted assignment, less expenses not incurred. Expenses not incurred shall be calculated as a lump sum consisting of 30% of the fee required for those services that FACT IS FACT did not perform by the date of termination of the agreement.
8. Addition to 10. Remuneration
If the Principal cancels an order already placed with FACT IS FACT, the following flat-rate cancellation fees shall be deemed agreed:
- Cancellation between 8 and 4 weeks before the start of the service - 10% of the order amount
- Cancellation between 4 and 2 weeks before the start of the service - 25% of the order amount
- Cancellation less than 2 weeks before the start of the service - 50% of the order amount
- Cancellation after the start of the service - 75% of the order amount
Any costs already incurred by FACT IS FACT in the period between the order and the cancellation shall be reimbursed by the Principal at 100% in all cases.
9. Addition to 12. Duration of the contract
The obligation to perform the service associated with this contract - in particular compliance with proposed deadlines - shall only arise after written confirmation of the order by FACT IS FACT.
10. Amendment to 13.3 Final provisions
This Contract is governed by the substantive law of the Republic of Austria, excluding the conflict-of-law rules of international private law and CISG. Place of fulfilment is the registered place of business of FACT IS FACT, Graz. The court at FACT IS FACT’s registered place of business, the Graz Regional Court for Civil Matters, shall be competent in any disputes.
11. Addition to 13. Final provisions
In the event that any disputes, which cannot be solved by mutual agreement, arise from this Contract, the Parties to the contract agree to engage a listed mediator (Austrian Civil Rights Mediation Law (ZivMediatG)) specialized in business mediation from the list of the Austrian Ministry of Justice in order to reconcile these out of court. Should no mutual agreement regarding the selection of the business mediator or with regard to content be possible, legal measures shall be initiated no sooner than one month after the negotiations fail.
12. Addition to 13. Final provisions
In the event that mediation could not be held or was discontinued, any litigation initiated shall be subject to Austrian law.
As agreed, all necessary costs incurred due to previous mediation, particularly for legal advisors consulted, may be claimed in litigation or arbitration as "pre-trial costs".
13. Amendment of the General Terms and Conditions
FACT IS FACT reserves the right to amend these General Terms and Conditions to ensure that they always comply with current legal requirements or to implement changes to FACT IS FACT's services in the General Terms and Conditions. As of December 01, 2023.
