General Terms and Conditions
General Terms and Conditions of Dharma Funding Solutions (DFS)
1 Scope of application
1.1 These General Terms and Conditions (GTC) are an integral part of all contracts with Dharma Funding Solutions, A-8055 Graz, Am Leopoldsgrund 20, email: office@Dharma-Funding.solutions, telephone: 0677/62579882 (hereinafter referred to as "Dharma Funding Solutions") with a client (hereinafter referred to as "Client").
1.2 These GTC also apply to all future contractual relationships between the client and Dharma Funding Solutions, even if no express reference is made to them in additional contracts.
2. conclusion of contract
2.1 The client may accept the contractual offer of Dharma Funding Soutions within the period specified therein. If the client accepts the contract offer in due time, the contract is concluded.
2.2 If received later (than the period specified in the contract offer), your acceptance is deemed to be an offer which can be accepted by Dharma Funding Solutions.
2.3 Dharma Funding Solutions also reserves the right to refuse orders without giving reasons.
3. cost estimates
3.1 Cost estimates are subject to a charge. Dharma Funding Solutions is entitled to a reasonable fee for each cost estimate.
3.2 Cost estimates are always non-binding. If costs increase by more than 15% after the order has been placed, Dharma Funding Solutions will inform the client within a reasonable period of time. If costs are exceeded by a maximum of 15%, a separate notification is not required and these costs can be invoiced.
4. scope of the consultancy agreement and representation
4.1 The scope of a specific consultancy assignment shall be contractually agreed on a case-by-case basis.
4.2 The consulting services in individual project phases can be documented and/or illustrated by way of example in the contract document. Such documentation and/or illustrations represent the considerations at the time of the preparation of the offer and are based on standard processes and can be unilaterally supplemented or modified by Dharma Funding Solutions as required and depending on the course of the project if, in the opinion of Dharma Funding Solutions, the project objective set out in the order description can be achieved better or more efficiently as a result.
4.3 Dharma Funding Solutions is entitled to call in subcontractors for the provision of services.
4.4 The client undertakes not to enter into any kind of business relationship with third parties that Dharma Funding Solutions uses to fulfill its contractual obligations during and up to three years after the end of this contractual relationship. In particular, the client will not commission third parties with such or similar consulting services that are also offered by Dharma Funding Solutions.
4.5 In the event of an extension of funding or related follow-up funding received by the Client within three years, Dharma Funding Solutions shall be entitled to the agreed success fee, calculated on the basis of the final total funding value (including follow-up funding). In this case, Dharma Funding Solutions may subsequently charge the additional success fee. The client is obliged to inform Dharma Funding Solutions immediately of any subsequent funding with all the necessary details for calculating the success fee.
4.6 The Purchaser's right to cancel the contract pursuant to Section 1168 ABGB is excluded.
4.7 The commissioning of third-party companies to provide services that are not included in the scope of services of Dharma Funding Solutions is carried out directly by the client.
5 Fees and invoicing
5.1 The fee offered by Dharma Funding Solutions is exclusive of the applicable statutory VAT and expenses (e.g. travel costs) as well as cash expenses. Settlement is made in euros.
5.2 The invoice must be paid by bank transfer within 14 days of the invoice date without deductions. The client expressly consents to Dharma Funding Solutions sending invoices by e-mail.
5.3 Payments to Dharma Funding Solutions must be made with debt-discharging effect exclusively to the account specified in the invoice from Dharma Funding Solutions.
5.4 In the event of default in payment, default interest in the amount of 10% shall be deemed agreed.
5.5 Dharma Funding Solutions is entitled to issue interim invoices and to demand payments on account from the client.
5.6 Claims asserted by the Client shall not entitle the Client to withhold agreed payments. Offsetting against counterclaims or the retention of payments by the Client - for whatever reason - is excluded and in any case inadmissible.
5.7 Unless otherwise agreed, invoicing shall be based on the following guidelines:
- If daily and/or hourly rates are agreed: The fee shall be invoiced at the respective
The first of the month of the time units worked up to that point after every 10 minutes under
Based on the agreed hourly rate. The following hourly rates have been agreed: Senior Partner: €
320,-, Senior Consultant: € 210,-, Consultant/Analyst: € 160,-. If daily rates have been agreed, the following is calculated
the hourly rate at one eighth of the agreed daily rate. Should any agreed
If the minimum order volume has not been paid by the end of the term, Dharma Funding Solutions
nevertheless entitled to offset the project volume not yet performed.
- For the agreement of project lump sums: One third of the total fee shall be settled with
at the start of the project, and a further third after half of the period at the time of the order description.
agreed project period and a further third after completion of the project.
- If monthly flat rates are agreed: The agreed flat rate is billed on the
The time is calculated on the first day of each month irrespective of the time units worked up to that point.
5.8 A success fee is agreed exclusively within the framework of an individual, written contract.
5.9 It is noted that the fee is in any case due upon completion of the project, irrespective of any
actual granting of a subsidy. The success fee is due if the requested fee is granted.
promotion and regardless of whether the promotion is actually called up and/or utilized by the client.
6. support from the AG
6.1 The Client is obliged to provide Dharma Funding Solutions with all organizational, technical and commercial support.
to provide the assistance required to achieve the defined project objectives within the agreed term.
are necessary or beneficial.
6.2 The client is obliged to provide Dharma Funding Solutions with all necessary documents in a timely manner without being requested to do so.
and to be informed of all events and circumstances that are relevant to the execution of the
The project objectives are of significance for the consulting assignment/achievement of the project objectives. This also applies to all documents, processes and
Circumstances that Dharma Funding Solutions only becomes aware of during the activity.
6.3 The Client shall ensure that the organizational framework conditions for the performance of the consulting assignment to
its place of business as undisturbed as possible and conducive to the rapid progress of the advisory process.
Allow work. The client will also inform Dharma Funding Solutions about previously implemented and/or ongoing
consultations - also in other specialist areas. If there is a lack of support from the
client prevent the achievement of the defined project objectives, this represents a risk for Dharma Funding Solutions.
good cause to terminate the contract in accordance with. Point 7.3.
6.4 Communication with public authorities (tax office, city treasury, funding agencies, chambers, social insurance companies, etc.)
etc.), the professional preparation of general business, financial and project data, technical specifications,
The necessary detailed data and detailed information is provided by the client's personnel.
6.5 The Client shall appoint an internal commercial and technical contact person for Dharma for each project
Funding Solutions. The employer shall inform its employees and any employee representatives (e.g.
Works Council) prior to the start of Dharma Funding Solutions' activities. The AG authorizes
Dharma Funding Solutions on behalf of and for the account of the client with the collection of project-relevant documents,
Data and information from the bodies and institutions involved in the project (funding bodies, authorities, etc.).
7 Contract duration and termination
7.1 Unless otherwise agreed, the contract shall end at a specific point in time or upon completion of a project, depending on the agreement. Services that Dharma Funding Solutions provides for the client beyond the end of the contract
are invoiced on the basis of the hourly rates stated under point 5.7.
7.2 If no contract term is agreed, the contract is concluded for an indefinite period and may be terminated by either party at any time subject to six months' notice to the last day of the month.
7.3 The contract may be terminated by either party at any time for good cause without observing a period of notice.
be solved. Good cause shall be deemed to exist in particular,
- if a contractual partner breaches material contractual obligations,
- if a contractual partner defaults on payment after insolvency proceedings have been opened or
- if there are concerns about the creditworthiness of an AG for which insolvency proceedings have not been opened
and, at the request of Dharma Funding Solutions, neither advance payments nor a suitable
8. travel, incidental costs and cash expenses
8.1 All expenses and costs incurred in the course of the trip shall be borne by the Client. Dharma Funding Solutions is not
obliged to inform the client in advance about travel.
8.2 Travel times begin when the client leaves Dharma Funding Solutions or its registered office and end when the client leaves Dharma Funding Solutions.
commencement of the work activity or upon arrival at the hotel; or commence at the end of the work activity or
Leaving the hotel and ending with the return to the client or the Dharma Funding Solutions headquarters.
Travel times are invoiced on an hourly basis at full hourly rates (point 5.7).
8.3 Daily allowances are paid to compensate for the personal expenses of Dharma Funding Solutions employees.
in accordance with fee level 5 of the "Table for income tax". Night-time diets will be charged if no
Hotel bills must be provided. Journeys to and from the employer are considered part of working time,
as long as these do not exceed two hours per route. Travel times in excess of this are regarded as journeys.
Incidental costs are those expenses that are necessary to fulfill the consulting assignment, in particular
Costs for office and auxiliary work, telecommunications, duplications, stamps, etc. or other
Cash outlay. In the case of international consulting projects, these can be charged at a flat rate of 3% of the
agreed fee, in addition to that in the volume in which they exceed the usual scope.
For the term of this contract, the Client undertakes not to accept any other
to entrust consulting firms or other third parties with such or similar assignments or to otherwise
to terminate existing orders in this regard.
10 Warranty / Liability
10.1 The warranty period is six months from delivery of the Services. The AG is responsible for the loss of the
warranty law, the obligation to notify the defect within three working days in writing and with reasons.
10.2 The existence of defects must be proven by the Client. § Section 924 ABGB does not apply.
10.3 Dharma Funding Solutions is entitled to change the type of warranty remedy (improvement, replacement,
price reduction or conversion). The employer has no right to choose.
10.4 Dharma Funding Solutions does not guarantee or is liable for the achievement of any particular business success
of the AG or the achievement of certain corporate key figures. Furthermore, Dharma Funding Solutions is liable
does not guarantee that an application for funding will be treated positively (in particular in the sense of being granted or extended).
10.5 Dharma Funding Solutions assumes no liability for the accuracy and completeness of forecasts,
Market analyses and market data collected. For details, see the disclaimer (exclusion of liability) in the respective
10.6 Dharma Funding Solutions is liable for compensation for damages incurred by it in connection with this contract,
its employees and/or vicarious agents, only in the event that these damages are caused by gross negligence.
were caused negligently or intentionally. This limitation of liability does not apply to compensation for
Personal injury. § Section 1298 ABGB does not apply.
10.7 Notwithstanding the limitation of liability according to point 10.6, the liability of Dharma Funding Solutions for
Consequential damages, loss of profit, loss of data and pure financial losses are excluded.
11. protection of intellectual property
The copyrights to the information provided by Dharma Funding Solutions and its employees and authorized third parties
created works (in particular offers, reports, analyses, expert opinions, organizational plans, programs,
Service descriptions, drafts, calculations, drawings, data carriers, etc.) remain with Dharma Funding
Solutions. They may be used by the Client during and after termination of the contractual relationship exclusively for
purposes covered by the contract. In particular, the Client shall not be entitled to use the work(s) without
reproduced and/or distributed in a form that is not permitted without the express consent of Dharma Funding Solutions.
is not covered by the contract in question. Under no circumstances does an unauthorized
Dharma Funding Solutions accepts no liability for the reproduction/distribution of the work - in particular for the
accuracy of the work - vis-à-vis third parties. A breach of these provisions by the client shall entitle
Dharma Funding Solutions to terminate the contract in accordance with point 7.3.
12 Applicable law and place of jurisdiction
12.1 For all legal disputes relating to this contract or arising therefrom, regardless of their nature, the following applies
shall be governed exclusively by the law of the Republic of Austria. The application of the referral norms of IPR
and the UN Convention on Contracts for the International Sale of Goods are expressly waived.
12.2 Unless the contract between Dharma Funding Solutions and the client contains an agreement on the place of jurisdiction
concluded, the exclusive place of jurisdiction shall be the court having subject-matter jurisdiction for Graz/Austria.
13. final provisions
13.1 Dharma Funding Solutions is only prepared to contract in accordance with these GTC. Should the client's GTC
provisions which are contrary to these GTC or additional provisions not taken into account here,
contain provisions that deviate from the statutory provisions, these provisions shall not be
13.2 There are no verbal collateral agreements. All agreements, subsequent amendments and supplements,
Ancillary agreements etc. must be made in writing to be valid. This also applies to the departure from
Written form requirement. Declarations by fax and e-mail must be made in writing.
13.3 Should any provisions of these GTC be invalid in whole or in part, the remaining provisions shall remain unaffected.
provisions shall not be affected by this in their effectiveness. An invalid provision shall be replaced by a valid
The invalid provision shall be replaced by a provision that comes as close as possible to the content and purpose of the invalid provision.