General Terms and Conditions

Agilistas GmbH

1. General Provisions / Scope

1.1
These Terms and Conditions exclusively apply to all legal transactions between the Client and Agilistas GmbH, FN 606665 f, Regional Court Linz (hereinafter referred to as “AGILISTAS”). The version valid at the time of contract conclusion shall apply. Any terms and conditions of the Client that contradict these Terms and Conditions are deemed invalid unless explicitly accepted in writing by AGILISTAS. The term “Services” refers to all services provided by AGILISTAS, in particular consulting, training, coaching, workshops, etc.

1.2
By entering into a contract with AGILISTAS, the Client acknowledges and accepts these Terms and Conditions. Should any provision of these Terms and Conditions be or become invalid for any reason, the validity of the remaining provisions shall remain unaffected. Oral agreements shall only be effective if confirmed in writing.

2. Commissioning and Client Obligations

2.1
AGILISTAS provides individual offers for services upon request. Services must be commissioned based on a specific offer. Unless otherwise stated, offers are valid for 30 days from the date of issue. Any commissioning must occur within this period. A contract is only concluded upon written confirmation by AGILISTAS.

2.2
The scope and place of service delivery are contractually agreed upon on a case-by-case basis. Unless otherwise agreed, the registered office of AGILISTAS shall be the place of performance according to § 905 Austrian Civil Code (ABGB). For online services, performance via video conferencing by AGILISTAS shall be considered contractually valid performance. Any travel costs to the Client’s business location are either included in the offer price or explicitly listed therein.

2.3
AGILISTAS is entitled to delegate tasks, in whole or in part, to qualified third parties. Such third parties shall be paid exclusively by AGILISTAS. No contractual relationship of any kind shall be formed between the third party and the Client.

2.4
AGILISTAS performs its work independently and is not bound to specific working hours or locations.

2.5
The Client shall ensure that all conditions at their premises allow for undisturbed and efficient service delivery. The Client shall inform AGILISTAS of any previous or ongoing consulting services relevant to the engagement. The Client shall provide all necessary documents and information in a timely manner, including any that become known during the service period.

3. Interruptions / Cancellations by the Client

3.1
Cancellations or rescheduling must be submitted in writing (letter or email). Commissioned services can only be cancelled free of charge by mutual agreement. AGILISTAS will strive to find a mutually acceptable solution.

3.2
Services (especially trainings or workshops) may be cancelled or rescheduled free of charge up to 10 business days before the scheduled start. For cancellations or rescheduling between 9 and 5 business days prior, a cancellation fee of 50% of the agreed price shall be charged. If cancelled less than 5 business days before the start, 100% of the contractually agreed fee is payable.

4. Intellectual Property / Copyright

4.1
All third-party logos, images, and graphics used in AGILISTAS’s services are the property of the respective companies and subject to applicable copyright laws. All materials provided by AGILISTAS, its staff, or subcontractors – in particular texts, reports, logos, and photos – remain the intellectual property of AGILISTAS and may not be copied or otherwise used without prior written consent. All rights reserved. AGILISTAS accepts no liability for unauthorized reproduction or distribution of materials, especially regarding the accuracy of content when used by third parties.

4.2
Any violation of these provisions by the Client entitles AGILISTAS to immediately terminate the contractual relationship and assert further legal claims, including but not limited to injunctions and/or damages.

5. Liability / Force Majeure

5.1
AGILISTAS is liable for damages to the Client – excluding personal injury – only in cases of gross negligence or intent. The burden of proof lies with the Client.

5.2
AGILISTAS is not liable for the impossibility or changes in service delivery (especially trainings or workshops) due to force majeure or unforeseeable events beyond its control (e.g., transport delays, official directives). In such cases, AGILISTAS may withdraw from the contract or adjust the service delivery accordingly. If such changes are unreasonable for the Client, they may withdraw from the contract by written notice.

6. Confidentiality / Data Protection

6.1
AGILISTAS commits to strict confidentiality regarding all business matters it becomes aware of, especially trade and company secrets, and all information concerning the Client’s business operations.

6.2
This confidentiality obligation extends to the entire content of the deliverables, all related circumstances, and client data made known during the engagement.

6.3
AGILISTAS is released from this obligation with respect to assistants or representatives engaged in the service delivery.

7. Fees

7.1
Ongoing services such as consulting are invoiced monthly in arrears unless otherwise agreed. If the agreed quota is used up earlier, billing occurs after the last day of service.

7.2
Trainings and workshops are invoiced at the start of service delivery.

7.3
If interim invoices are not paid, AGILISTAS is entitled to suspend further services. Any resulting claims remain unaffected.

7.4
If the commissioned quota is not used within the agreed timeframe, AGILISTAS reserves the right to invoice the remaining amount at the end of the service period.

8. Invoicing / Default Interest

8.1
AGILISTAS is entitled to send invoices electronically. The Client expressly agrees to receive invoices by email.

8.2
In the event of delayed payment, AGILISTAS may charge statutory default interest.

9. Final Provisions

9.1
This contract is subject to Austrian substantive law. The application of the UN Sales Convention (CISG) and conflict of laws provisions is excluded. Contract language is German. All disputes shall be exclusively settled by the competent court at AGILISTAS’s registered office in 4202 Hellmonsödt, Austria.

9.2
For disputes that cannot be resolved amicably, the parties agree to involve a mediator from the Austrian list of civil mediators (ZivMediatG), with a focus on commercial mediation. If no agreement can be reached on the mediator, legal action may be initiated no earlier than one month after the failure of mediation.

9.3
If mediation fails or does not take place, any pre-litigation costs (including legal fees) incurred in relation to attempted mediation may be claimed as “pre-litigation costs” in court or arbitration proceedings.

Effective as of June 15, 2025