LKonsulting GmbH – Business & Marketing Consulting
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all legal relationships between LKonsulting GmbH, a limited liability company (GmbH) registered in Austria, and its clients, unless otherwise agreed upon in writing.
1.2 Any conflicting or supplementary terms proposed by the client are only binding if expressly accepted in writing by LKonsulting GmbH.
2. Services Provided
2.1 LKonsulting GmbH offers consulting services in business strategy, marketing, app business development, and related advisory services.
2.2 The specific scope of services, deliverables, and timelines will be defined in individual contracts or project agreements.
2.3. LK onsulting GmbH may use subcontractors to fulfill services in whole or in part if not defined otherwise in written form.
3. Conclusion of Contract
3.1 A contract is concluded when LKonsulting GmbH confirms the client’s order in writing or commences performance of the agreed services after the client singed an offer or confirmed an order via written form.
3.2 Offers made by LKonsulting GmbH are non-binding and subject to change until a contract is concluded.
4. Fees and Payment
4.1. Payment terms are specified in the offer. Advance payments may be required (e.g., 50% for one-time services).
4.2. Invoices are due 14 days from issuance unless otherwise specified.
4.3. Payments are considered made when credited to LK onsulting GmbH’s account without deductions.
4.4. The Contractual Partner cannot withhold payments due to warranty claims or counterclaims.
4.5 In case of late payment, LKonsulting GmbH reserves the right to charge default interest at the statutory rate. Late payments entitle LKonsulting GmbH to suspend services and charge default interest at 9.2% above the base rate plus reminder fees (EUR 40).
4.6 After signature, the contract is binding and full payment of the contract will be due (e.g. minimum contract periods on recurring projects) within the agreed payment dates, even if the client decides that the services or parts of the services do not have to be provided anymore for any reason.
4.7 The Contractual Partner must cooperate and provide all necessary information in a timely manner. Costs incurred due to missing or incorrect information will be borne by the Contractual Partner.
5. Confidentiality
5.1 Both parties agree to maintain confidentiality regarding all business and trade secrets disclosed during the course of the contractual relationship.
5.2 This obligation continues even after the termination of the contract.
6. Intellectual Property
6.1 All intellectual property rights related to the services provided by LKonsulting GmbH remain with LKonsulting GmbH unless otherwise agreed upon in writing.
6.2 The client is granted a non-exclusive, non-transferable license to use the deliverables for the agreed purpose.
6.3. Customer grants to Provider a permission to perpetually use Customer’s trademarks, service marks, trade, names and logos on Provider’s websites and in promotional (marketing) materials for marketing purposes.
7. Liability
7.1 The Consultant provides advice, analysis, and recommendations based on the information made available by the Client and in accordance with professional standards. The Consultant shall not be liable for any direct, indirect, incidental, or consequential damages (including loss of profits, business interruptions, or data loss) arising from the Client’s use, implementation, or interpretation of any recommendations or deliverables provided under this Agreement. The Client acknowledges and agrees that all decisions and actions based on the Consultant’s work are the sole responsibility of the Client, and the Consultant shall not be held liable for the outcomes of such decisions or actions.
LK onsulting GmbH will make reasonable efforts to adhere to agreed deadlines. Deadlines are non-binding unless expressly stated.
7.2 LKonsulting GmbH is only liable for damages arising from intentional misconduct or gross negligence.
7.3 Liability for slight negligence is excluded unless it concerns essential contractual obligations.
7.4 The total liability is limited to the amount of the fees paid by the client for the specific project or service.
8. Termination
8.1 If not further defined in the contract, either party may terminate the contract with a notice period of 30 days, provided that the termination is justified.
8.2 In case of termination, the client is obligated to pay for all services rendered up to the termination date.
9. Governing Law and Jurisdiction
9.1 These terms and conditions are governed by Austrian law.
9.2 The exclusive place of jurisdiction for all disputes arising from this contractual relationship is Graz, Austria.
10. Data Protection
10.1 LKonsulting GmbH complies with applicable data protection laws and handles personal data responsibly.
10.2 For detailed information on data processing, please refer to our Privacy Policy.
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