Company information

 

Company:

CIS consulting in industrial statistics GmbH

CEO:

Address:

Dr. Nikolaus Haselgruber

Windgasse 15, 4170 Haslach, Austria

VAT No.: ATU67330266
Comm. register no.: FN382191x
Place of jurisdiction: Linz
Design, implementation: Marchel Design
Duty to inform: Informationen zu E-Commerce und Mediengesetz

 

Picture credits:

Nadel im Heuhaufen - by-studio/Fotolia
Tafel Analyse -stockpics/Fotolia
Werkzeug Sakko -Jörn Buchheim/Fotolia
Fabrikshalle - Industrieblick/Fotolia
Schienen - Harald Biebel/Fotolia
Kinder mit Geige - Pete Pahham/Fotolia
Reagenzgläser - Tsuboya/Fotolia
Windrad - psdesign1/Fotolia
Elektroauto - ferkelraggae/Fotolia 
Team - Hans Reiter

General Terms of Condition CIS GmbH (07/04/2014)

GTC CIS GmbH (Download pdf, 431 KB)

 

1. General Terms and Conditions / Scope 

1.1 All legal transactions between the Principal and the Agent CIS Consulting in Industrial Statistics GmbH, “CIS”, 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 unless they have been explicitly accepted in writing by CIS.

1.4 If any provision of these General Terms and Conditions is or becomes invalid, the

other provisions and any Contracts concluded pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.

 

2. Scope of Consulting Assignments / Representation 

2.1 The scope of each particular consulting assignment shall be individually agreed by Contract.

2.2 CIS shall be entitled to subContract, in whole or in part, the services for which CIS is responsible to third parties. Payment of said third parties shall be effected exclusively by CIS. No Contractual relationship of any kind shall exist between the Principal and said third party.

2.3 During the validity of this Contract and for a period of three years after termination thereof, the Principal shall agree not to enter into any kind of business transactions with persons or organisations CIS employs to perform its Contractual duties. In particular, the Principal shall not employ said persons or organisations to render consulting services the same or similar to those offered by CIS.

 

3. Principal’s Obligation to Provide Information / Declaration of Completeness 

3.1 The Principal shall ensure that during the performance of the consulting assignment, organisational 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 also inform CIS in detail about previously conducted and/or currently active consulting projects, including those in other areas of competency.

3.3 The Principal shall, in a timely manner and without special request on the part of CIS, provide CIS with all documents necessary to fulfill and perform the consulting assignment and shall inform CIS 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.

3.4 The Principal shall ensure that all employees as well as any employee representation provided by law, if established, are informed of CIS’s consulting activities prior to the commencement of the assignment.

 

4. Maintenance of Independence

4.1 The Contracting parties shall be committed to mutual loyalty.

4.2 The Contracting parties shall be obligated to take all necessary measures to ensure that the independence of all persons working for CIS and of any third parties employed by CIS is not jeopardized. This applies particularly to any employment offers made by the Principal or the acceptance of assignments on their own account.

 

5. Reporting / Obligation to Report 

5.1 CIS shall be obligated to report to the Principal on the progress of services performed by persons working for it and any third parties employed by CIS.

5.2 CIS shall deliver the final report in a timely manner, i.e. depending on the type of assignment, two to four weeks after completion of the assignment.

5.3 CIS shall not be bound by directives while performing the agreed service and shall be free to act at its discretion and under its own responsibility. CIS shall not be required to work in a particular place or to keep particular working hours.

 

6. Protection of Intellectual Property 

6.1 CIS shall retain all copyrights to any work done by it and by persons working for CIS and by third parties employed by it (including but not limited to tenders, reports, analyses, expert opinions, organization charts, programmes, 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 under the Contract. Therefore, the Principal shall not be entitled to copy or distribute these materials without the explicit consent of CIS.

6.2 Any violation of this provision by the Principal shall entitle CIS to prematurely terminate the Contract and to enforce other legal claims, in particular for restraint and/or damages.

 

7. Warranties

7.1 CIS shall be entitled and obligated, regardless of fault, to correct any errors and/or inaccuracies in its work which have become known subsequently. CIS shall immediately inform the Principal thereof.

7.2 This right of the Principal expires six months after completion of the respective service.

 

8. Liability / Damages 

8.1 CIS 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 employed by CIS.

8.2 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.

8.3 The Principal shall furnish evidence of CIS’s fault.

8.4 If CIS 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.

 

9. Confidentiality / Data Protection 

9.1 CIS shall be obligated to maintain complete confidentiality concerning all business matters made known to it in the course of services performed, especially trade and company secrets and any other information concerning type and scope of business and practical activities of the Principal.

9.2 Furthermore, CIS shall be obligated to maintain complete confidentiality towards third parties concerning the content of the work completed, as well as any information and conditions that contributed to the completion of the work, particularly concerning data on the Principal’s clients.

9.3 CIS shall not be obligated to maintain confidentiality towards any person working for it or representatives of CIS. CIS is required to obligate such persons to maintain complete confidentiality and shall be liable for any violation of confidentiality on their part in the same way as if CIS had breached confidentiality.

9.4 The obligation to maintain confidentiality shall persist indefinitely even after termination of this Contract.

9.5 CIS shall be entitled to use any personal data entrusted to CIS for the purposes of the services performed. CIS shall guarantee the Principal that all necessary measures will be taken, especially those regarding data protection laws, e.g. that declarations of consent are obtained from the persons involved.

 

10. Remuneration

10.1 After completion of the services agreed upon, CIS shall receive remuneration agreed upon in advance between CIS and the Principal. CIS 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 CIS.

10.2 CIS shall render accounts which entitle to deduct input tax and contain all elements required by law.

10.3 Any cash expenditures, expenses, travel expenses, etc. shall be reimbursed to CIS by the Principal separately, upon submission of the appropriate receipts.

10.4 In the event that the work agreed upon is not completed due to reasons on the part of the Principal, or due to a premature termination of Contract CIS for cause, CIS 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 CIS did not perform by the date of termination of the agreement.

10.5 In the event that intermediate invoices are not paid, CIS shall be released from its commitment to provide further services. This shall not apply to any further claims resulting from default of payment.

 

11. Electronic Invoicing 

11.1 CIS shall be entitled to transmit invoices electronically signed. The Principal agrees explicitly to accept invoices transmitted electronically by CIS.

 

12. Duration of the Agreement 

12.1 This Contract terminates with the completion of the project.

12.2 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
  • one party opens insolvency proceedings or the petition for bankruptcy is denied because of insufficient assets to cover expenses.

13. Final Provisions

13.1 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.

13.2 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 of written form.

13.3 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 CIS. Jurisdiction in all disputes is the court in the place where CIS is based.