General Terms and Conditions (GTC)

Important: The German version is legally binding. The English version is provided for information purposes only.

General Terms and Conditions (GTC)

for Management Consultancy including Organisational Development

JM Oelschuster – Jeannine Madeleine Oelschuster, BA MA
 

Status: January 2026

1. Scope

1.1 These General Terms and Conditions (“GTC”) apply to all contracts, offers, services and business relationships between JM Oelschuster – Jeannine Madeleine Oelschuster, BA MA (hereinafter referred to as the “Consultant”) and her clients.

1.2 These GTC apply exclusively to entrepreneurs within the meaning of § 1 Austrian Commercial Code (UGB). Contracts with consumers are expressly excluded.

1.3 Deviating, conflicting or supplementary terms of the client shall not become part of the contract unless expressly agreed in writing.

1.4 These GTC shall also apply to all future business relationships, even if they are not expressly referred to again.

1.5 Amendments to these GTC shall be communicated to the client in writing or electronically and shall be deemed accepted unless objected to within 14 days.

2. Scope of services

2.1 The Consultant provides services in the field of management consultancy including organisational development.

2.2 The nature and scope of the services result from the respective offer, contract or written order confirmation.

2.3 The Consultant is entitled to engage suitable third parties (subcontractors) for the performance of services.

2.4 No employment relationship or partnership is established by this agreement.

3. Duties of cooperation of the client

3.1 The client shall provide all information required for the performance of the assignment completely, correctly and in due time.

3.2 Delays resulting from insufficient cooperation shall not be attributable to the Consultant.

3.3 The Consultant shall not be liable for results based on incomplete or incorrect information provided by the client.

4. Independence

The Consultant is free in the organisation of her activities and is not subject to instructions regarding the manner of performance.

5. Reports & documentation

5.1 The Consultant shall regularly inform the client about the progress of the project.

5.2 Results, reports and documents are intended exclusively for the internal use of the client.

6. Copyright & rights of use

6.1 All concepts, analyses, presentations and documents created by the Consultant are protected by copyright.

6.2 Any transfer, reproduction or use by third parties is permitted only with the prior written consent of the Consultant.

7. Warranty & exclusion of success

7.1 The Consultant shall perform her services with the greatest possible care.

7.2 Warranty claims must be asserted in writing within six months from the provision of the service.

7.3 No guarantee of success: The Consultant does not owe any specific economic, strategic or personal success. Decisions made on the basis of the consultancy services are the sole responsibility of the client.

8. Liability

8.1 The Consultant shall be liable only in cases of wilful intent or gross negligence.

8.2 In the event of slight negligence, liability shall be limited to breaches of essential contractual obligations and to the typically foreseeable damage.

8.3 Liability for loss of profit, indirect damages, consequential damages or data loss is excluded to the extent permitted by law.

9. Confidentiality & data protection

9.1 Both parties undertake to keep confidential all information obtained in the course of the cooperation.

9.2 Personal data shall be processed in accordance with the GDPR, the Austrian Data Protection Act and the Telecommunications Act 2021, as well as the Privacy Policy published on the website.

10. Fees & payment terms

10.1 The fee is based on the respective offer or contract.

10.2 All prices are exclusive of statutory value added tax.

10.3 Invoices are payable within 14 days from the invoice date without deduction.

10.4 In the event of late payment, the Consultant is entitled to charge statutory default interest and collection and reminder fees.

11. Electronic invoices

The Consultant is entitled to issue invoices in electronic form.

12. Termination & force majeure

12.1 Contracts may be terminated without notice for good cause.

12.2 In the event of default of payment, the Consultant is entitled to terminate the contract with immediate effect.

12.3 Cancellation: In the event of withdrawal after conclusion of the contract, the Consultant reserves the right to invoice services already rendered and expenses incurred.

12.4 Force majeure: Neither party shall be liable for failure or delay in performance caused by events of force majeure. During such events, the affected contractual obligations shall be suspended.

13. Governing law, jurisdiction & final provisions

13.1 All legal relationships shall be governed exclusively by Austrian law, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2 The place of jurisdiction for all disputes shall be – insofar as legally permissible – the competent court at the Consultant’s registered office in Austria.

13.3 The contractual language is German. The English version is provided for information purposes only.

13.4 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

JM Oelschuster – Jeannine Madeleine Oelschuster, BA MA
Innerhörgersteig 28
4873 Frankenburg am Hausruck
Austria
E-mail: talk@oelschuster.com
Website: www.oelschuster.com

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