MOVES consulting e.U.
Main Office Germany:
Bremer Strasse 122
Company Number: FN339854k
The respective valid version of the following General Terms and Conditions shall apply for all services provided by MOVES consulting. In addition to these General Terms and Conditions §§ 1002 to 1026 of the ABGB (Austrian General Civil Code) on authorisation shall apply as far as remunerable services are concerned. The law of the Republic of Austria is applicable exclusively.
All offers made by MOVES consulting are bindingly valid for 14 days as of the date of creation. Orders placed verbally or in writing, or a service offer signed by the customer and by MOVES consulting, are deemed both work orders and order confirmation. The scope of the order is determined by the written specification. Verbal amendments require confirmation in writing.
MOVES consulting generally invoices in advance. Should MOVES consulting dispense with payment in advance, it is nevertheless entitled to demand reasonable advance payment of the unpaid balance for the duration of the contract. The prepayment is deemed a down payment and is forfeited to the benefit of MOVES consulting in the event of an unjustifiable withdrawal from the contract on the part of the client, or if the order cannot be executed for reasons attributable to the client. The agreed total fee falls due for payment at the latest 7 days after the date on the final invoice minus the prepayments or advance payments already made. In the event of a delay in payment MOVES consulting is entitled to claim any additional costs, such as reminder fees, interest, legal costs and costs for court proceedings at the statutory rate. Unless otherwise agreed, third-party costs must be reimbursed without delay on submission of the respective receipts, or they shall be invoiced to the client directly by the service provider. In the event MOVES consulting provides additional services that are not explicitly mentioned in the offer, the required time will be charged on an hourly basis in accordance with the hourly fee rate as stated in the valid price list (with the exception of any translation or interpreting costs), unless otherwise agreed. Cancellation of the contract on the part of the client does not release the client from payment of the agreed total remuneration. This shall not apply, insofar the client justifiably cancels the contract for good cause. In this case MOVES consulting is, however, entitled to remuneration of a proportional part of the fee for the performances rendered until that date.
The duration of the contract is determined by the contract specifications.
MOVES consulting undertakes to perform all services specified in the contract within the contractually agreed period and the client shall lose all entitlement to services from MOVES consulting on expiry of this period. Premature termination of the contract is only permitted for good cause. Good cause includes in particular any delay in payment on the part of the client or the breach of contractual obligations. Should MOVES consulting breach any obligations arising from this contract, the client shall first give MOVES consulting a warning with a reasonable deadline and shall demand it refrains from such breach of contract and where applicable to eliminate the consequences of the breach of contract. The client is not entitled to terminate the contract with immediate effect until 2 weeks, calculated from the receipt of the extension of time, have expired without MOVES consulting having fulfilled its obligations.
The client undertakes to provide MOVES consulting with all the information and documentation it requires to fulfil its contractual obligations, within a reasonable period of time.
These include in particular the submission of all necessary documents such as ID cards, documents, testimonials, certificates, etc. The client releases MOVES consulting - to the extent permitted by law - from the restrictions of the Data Protection Act and empowers MOVES consulting to use and store personal data and to make these available to third parties within the scope of the agreements laid down in the contract. In the case of documents sent in paper form, the two parties to the contract undertake to send these by registered letter or other corresponding form and to assume the costs this involves. MOVES consulting assumes responsibility for these documents as of the date of their receipt and exempts itself from this responsibility as of the date of the sending or return of the documents.
MOVES consulting gives no guarantee as to the granting of residence and/or work permits as decisions concerning applications for residence and work permits are the responsibility of the respective authorities of the state to whom such applications must be submitted.
Information from MOVES consulting concerning properties for rent or sale may not be passed on to third parties without the permission of MOVES consulting. The client is obliged to pay compensation for any damages incurred by the company MOVES consulting resulting from the passing on of such information. Rental and purchase contract negotiations and the conclusion of rental or purchase contracts are the sole responsibility of the client or the tenant/buyer. MOVES consulting assumes no liability whatsoever for the condition of properties for rental or sale, neither for the contents of contracts nor for any claims of or against the persons commissioned with the implementation and/or drafting of the required contracts such as real estate agents, legal representatives, etc. All rights and obligations resulting from the negotiations and the rental or purchase contracts are the sole concern of the client or the tenant/buyer.
In individual cases MOVES consulting purchases the services from external providers on behalf of its clients. Any resultant liability claims that might arise must be asserted against the respective external service provider.
Forwarding services are subject to the General Terms and Conditions of the respective forwarder performing the transport. MOVES consulting shall be liable to consumers, for whom the provisions of the Austrian Consumer Protection Act apply, in the case of impossibility, delay and breach of essential contractual obligations, also for slight negligence, however limited to damage that is typical and foreseeable, insofar liability for slight negligence cannot be completely excluded by the consumer protection provisions valid at the time of the conclusion of the contract. Otherwise MOVES consulting is liable only in cases of wilful intent and gross negligence. The same applies to employees of MOVES consulting. MOVES consulting is liable only for its vicarious agents (employees or subcontractors), however, not for the rendering of services that are included in a separate contract between the client and a third party where MOVES consulting only acted as mediator.
Should one or more of the provisions of this contract be or become invalid, this shall in no way affect the validity of the remaining provisions. On principle the information and services provided by MOVES consulting do not replace legal or taxation-related advice.
Version dated 2019