General Terms and Conditions
Fabian Platt (FP Customer Journey Consulting)

 

1. Scope of Application

1. These General Terms and Conditions (“GTC”) shall apply to all contracts concluded between
   Fabian Platt / FP Customer Journey Consulting, sole proprietorship
   (hereinafter referred to as the “Consultant”)
   and its clients (hereinafter referred to as the “Client”).

2. These GTC shall apply to B2B transactions as well as, unless expressly excluded, to B2C transactions.

3. Deviating or supplementary terms and conditions of the Client shall not become part of the contract unless their validity has been expressly agreed in writing.

 

2. Subject Matter of the Contract

1. The subject matter of the contract is the provision of management and business consulting services, in particular in the areas of:

   • Customer Journey Consulting

   • Design Consulting

   • Project management and project coordination

   • Strategy, analysis and conceptual services

   • Workshops, trainings, coaching and consulting services

   • provided online and on-site, throughout Europe

2. The Consultant does not owe a specific economic success, but rather the professional and diligent performance of the agreed consulting services.

 

3. Conclusion of Contract

1. Offers made by the Consultant are non-binding and subject to change, unless expressly designated as binding.

2. A contract shall be concluded by:

   • written order confirmation, or

   • acceptance of an offer by e-mail, or

   • commencement of the provision of services by the Consultant.

3. Upon conclusion of the contract, these GTC shall be deemed accepted.

 

4. Scope of Services & Client’s Obligations to Cooperate

1. The specific scope of services shall be defined in the respective offer or contract.

2. The Client undertakes to provide all information required for the provision of services completely, correctly and in a timely manner.

3. Delays or additional costs resulting from insufficient cooperation by the Client shall not be borne by the Consultant.

 

5. Fees & Payment Terms

1. Fees shall be charged as agreed, based on:

   • hourly rates,

   • daily rates, or

   • fixed lump-sum fees.

2. All prices are stated exclusive of value-added tax (VAT), unless expressly stated otherwise.

3. Invoices shall be payable within 14 days from the invoice date without deduction.

4. In the event of late payment, the Consultant shall be entitled to:

   • charge statutory default interest pursuant to Section 456 of the Austrian Commercial Code (UGB) for B2B transactions, and

   • suspend services until full payment has been received.

 

6. Travel and Additional Expenses

1. Travel, accommodation and incidental expenses shall be invoiced separately, unless otherwise agreed.

2. For on-site appointments throughout Europe, the travel expense arrangements specified in the offer shall apply.

 

7. Liability (Key Limitation of Liability)

1. The Consultant shall be liable only for damages caused by intent or gross negligence.

2. In cases of slight negligence, the Consultant shall be liable exclusively for personal injury.

3. Liability for:

   • loss of profit,

   • indirect damages,

   • consequential damages, and

   • pure financial loss
     shall be excluded to the extent permitted by law.

4. In any event, liability shall be limited in amount to the agreed fee of the respective contract.

5. The Consultant shall not be liable for decisions made by the Client based on the consulting services provided.

 

8. Warranty

1. Any defects must be notified by the Client without undue delay and in writing.

2. The Consultant shall be entitled to remedy defects within a reasonable period of time.

3. Any further warranty claims shall be excluded to the extent permitted by law.

 

9. Confidentiality

1. Both parties undertake to treat all non-public information disclosed in connection with the contractual relationship as confidential.

2. This confidentiality obligation shall remain in force after termination of the contractual relationship.

 

10. Copyright & Rights of Use

1. All concepts, documents, presentations and content created by the Consultant are protected by copyright law.

2. The Client shall receive a non-exclusive, non-transferable right of use limited to the contractually agreed purpose.

3. Any use beyond this scope requires the prior written consent of the Consultant.

 

11. Termination

1. Unless otherwise agreed, contracts may be terminated by either party with 14 days’ notice.

2. Services already rendered shall be remunerated on a pro-rata basis.

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12. Illness, Inability to Perform & Force Majeure

1. In the event that the Consultant is temporarily unable to perform the agreed services due to illness, accident or other circumstances beyond the Consultant’s reasonable control, the Consultant shall not be deemed in breach of contract.

2. In such cases, the Consultant shall inform the Client without undue delay and shall make reasonable efforts to reschedule the affected services.

3. If performance becomes impossible for an extended period, either party shall be entitled to terminate the contract for good cause, without giving rise to any claims for damages.

4. Claims for damages, contractual penalties or compensation due to delayed or non-performance arising from such circumstances shall be excluded to the extent permitted by law.

5. Services already rendered up to the occurrence of such circumstances shall be remunerated in accordance with the contract.

 

13. Data Protection

The Consultant processes personal data exclusively in accordance with applicable data protection laws.
Further details are set out in the Privacy Policy available on the website.

 

14. Final Provisions

1. The contract shall be governed by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

2. The place of jurisdiction shall be the registered place of business of the Consultant, insofar as legally permissible.

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