These general terms of service are valid for all legal transactions between the relevant client and Avantconsult, DI Stefan Brozyna, MBA, henceforth referred to as AC.
The terms and conditions are always valid until the completion of the contract in the relevant valid version.
Avantconsult renders its services exclusively on the basis of these terms and conditions and only for entrepreneurs. The client notes that this represents a corporate business.
The assignment is attested in writing by means of the contract. The contractual relationship begins with the placement of the order in writing by the client and is valid until an unspecified point; however the longest it is valid for is the fulfilment of the contract by AC. A termination necessitated by valid reasons (see below) is however always possible.
The objective of AC is to advise the client as to capitalisation measures and supply the client with the quickest possible external capital or to improve the financial situation of the client, as well as to give additional services subject to the final contract. Equity injection is given by investors, which AC will make known and the injection of external capital though AC will make known or will be made know to AC. Success is achieved when capital flows into the enterprise of the client or an enterprise associated with the client.
In cases of the agreement of a contingent fee, the claim for AC is founded through the above definition of success. The payment obligation of the client is also valid if the agreed capital split through the investor or bank as agreed does not come to fruition, due to circumstances associated with the client.
In the case of the rendering of services on an hourly rate (excluding or in conjunction with contingent fees), the hourly rate will be defined in a written contract. The smallest billing time is quarter-hourly, and will always be rounded up to the next quarter of an hour.
The record of working hours is to be handed to the client by AC; however, this is not the case with flat rate service accounting. In case of doubt the hourly records as set out by AC are valid. Insofar as no written contractual agreement is met, each advisory hour is comes with a fair charge of EUR 125,00 +20% VAT.
Unless agreed in writing in advance, gratuitousness cannot be assumed for any service rendered by AC.
The settlement of the professional fee takes place retrospectively on a monthly basis. AC bill for advance payments and advancement-oriented instalment payments. The maturity of the payment is immediately after the receipt of net payment without discount. Unless otherwise agreed in writing, the payment should be made within 10 working days. Once ten days has passed, interest on delay of 1% per month of any outstanding payment may be charged. Any counterclaims cannot be counted up.
In cases of payment default, we are entitled to demand the open invoice amount through the services of a lawyer, a licensed authorized debt collection agency or through the KSV (Kreditschutzverband).
In such cases you give your agreement for the communication of the required data and documents to place of collection and are obliged to pay the legally determined debt collection agency as well as fair expenses.
Fee notes and invoices are payable in Vienna
Potentially granted discounts and deductions on the average fee rate of any kind do not form the basis of any legal entitlement to the further liability of this discount.
In cases of projects with a total duration of more than one year, an indexation of the agreed fee rate according to VPI (User Price Index – Verbraucherpreisindex) will take place (VPI disclosed by Statistik Austria).
Surcharges on the agreed hourly rate (nights, weekends etc.) are only charged if expressly agreed in writing.
Out of pocket expenses are to be granted, including any fees or similar costs.
The agreed half-hourly fee rate is generally taken as remuneration for travel time (unless explicitly agree otherwise in writing).
Travel costs are calculated at cost. Hotel costs as well as taxi costs are granted on proof of receipt, along with hire cares and distances covered in a personal automobile, are reimbursed at the official mileage allowance, currently EUR 0,42. Rail journeys (first class and, if necessary, a sleeping car) are also charged on production of evidence, as are flights (economy class).
AC is entitled to bring in suitable persons with the view to bringing the contract to completion or allow the project to be partially or wholly fulfilled by a suitable third party. The choice of said persons and their payment occur solely through AC, unless agreed differently with the client in writing.
The advisory service can take place in the client’s office or in the offices of AC or in another freely chosen place.
Service times can arise without direct contact with the client, for example through preparation and follow up times, research services as well as time spent in compiling reports and similar activities.
The client will inform AC of any other ongoing or previously carried out advisory projects in representative or related subject areas.
The client will ensure that all the required information, data and documents are submitted to AC in a suitable timeframe and are obliged to ensure that all processes and circumstances relevant to contractual fulfilment are brought timely to the attentions of AC. This is also valid for circumstances that first become known to AC during the process of contractual fulfilment.
AC depends on the accuracy of all data, information and documents supplied by the client. The client is liable for accuracy and fullness.
The client will ensure that the necessary framework for the fulfilment of the order is present at the client’s firm (organizational, logistical requirements etc.)
AC holds the client liable for the consequences of a violation of the order and information duties.
Failure to complete the contract on the grounds of circumstances that lie on the side of the client results in the obligation to pay the entirety of the agreed fee. This comes in to effect especially in cases of the justified premature ending of the contract on the part of AC. Examples for causes of such a premature ending of the contract are: missing/ incomplete documents and the opening of insolvency or bankruptcy proceedings against the client, as well as any substantial violations of the core terms of the contract.
AC is entitled to render the continuation of the order dependent on the complete payment of the agreed fee demands.
Failure to render services brought about by a situation that constitutes an important reason for AC results in the services rendered up to this point to be replaced aliquot by the client. In the case of an agreement of an hourly rate the fee is achieved for any number of hours that has been agreed by contract or was to be expected. The enforcement of further demands is unaffected by this.
Terminations are only valid in written form and will be sent to the last known post or email address. Termination of partnerships means the immediate cessation of any activity and the remuneration claim is settled as above.
Invoices will be sent to the client either electronically or by post. The client expresses their agreement to electronic communication.
With regard to the further communication of network partners by AC, the client obtains the services of said partners directly, thereby excluding AC from any liability. The client prorates directly with AC’s network partners and is governed by their business terms and the legal framework of the country of which the network partner is resident.
AC is obliged to maintain a strict policy of client confidentiality with regards to all professional and private matters brought to their attention and only passes data on to partners with a business relationship to AC and their associates. If desired, you may partially or wholly determine ACs partners. This is to be noted in the order. This discretion continues indefinitely after the conclusion of the contractual relationship.
We would like to emphasise that the communication of data (by email for example) could present a gap in security. A watertight protection of data for the access of the third party is therefore not possible in this case. AC accepts no liability in case of system failure or hacking attacks. AC cannot guarantee that they will be technically contactable 100% of the time.
All information on the AC website is religiously researched but the usage of offered information is at the users own risk and DI Stefan Brozyna MBA has explicitly excluded liability of AC. AC accepts no guarantee for the accuracy, actuality and completion of any of the content communicated by the AC webpage. AC accepts no liability for links to external websites, as we have no influence over their content.
The contents of this webpage do not replace any form of personal consultation and all statements are from a marketing perspective.
The contents of the webpage represent no demand of the buying or selling of products or services or the undertaking of any kind of special business relationship. AC accepts no liability for links to external websites, as we have no influence over their content.
AC is only liable for the damages caused by AC through intent or gross negligence and have been confirmed as legally indisputable. AC excludes any liability and any compensation in the case of light negligence.
The level of liability is in any case limited to the confirmed level, the maximum however 1.5 times of the agreed fee/ contingent fee. AC is in no way liable for any form of indirect damages and/ or consequential loss in connection with the rendering of services, especially relating to loss of earnings or profit of any kind or loss of interest in connection with performance, especially loss of income or profit of any kind.
AC takes no liability against a third party in any way.
No liability is taken on the part of the client or AC in case of force majeur that does not lie in the sphere of influence of the contract partners (war, strikes, natural catastrophes, natural occurrences, terrorism).
Damages claims can only be made legally enforced within six months after the discovery of damages and damager. All damage claims against AC expire three years after the causal result.
The onus of proof of damage being caused by AC is on the client.
Copyright on the work created by AC (e.g. analyses, calculations, concepts, reports etc.) remains with AC. Their usage is not limited by time but they may only be used for purposes defined in the agreement. The client is not entitled to reproduce or distribute anything created by AC.
All contract partners are obliged to ensure that all information pertaining to the contract is true and they will all future changes know immediately.
Conflicting terms and conditions of the client are invalid, unless explicitly accepted by AC in writing.
Changes in contract and in the terms and conditions must be presented in writing, along with any derivation from this requirement. No additional oral agreements may exist. Austrian law is valid and the area of jurisdiction is Vienna. The relevant court in Vienna is designated for all disputes. AC is also entitled to complain at the offices of the client.
Should a clause cited in the contract become legally invalid or unfeasible then it is replaced by another that is closest to the original in implied meaning. This also goes correspondingly for gaps in contract. The legal inefficacy of a clause does not mean that the other clauses in the contract become void in any way.
We can inform you about current opportunities and ways of procuring capital and you can discover the advantages that different financing instruments have to offer. Together, we can decide which of these is right for you.
This service is free – you only have to cover our travel expenses.