Mag.a RAMONA TOTH, uGM, Blickwinkel - Systemische Supervision, Coaching, Meditation, 
M ++43 664 88356677, E,
General Terms and Conditions (GTC)
1. general principles / scope of application 
1.1 These General Terms and Conditions shall apply exclusively to all legal transactions between the Client and the Contractor (Ramona Toth). The version valid at the time of the conclusion of the contract shall be authoritative in each case. 1.2 These General Terms and Conditions (GTC) shall also apply to all future contractual relationships, thus even if not expressly referred to in additional contracts. 1.3 Any conflicting General Terms and Conditions of the Customer shall be invalid unless expressly accepted by the Contractor in writing. 1.4 In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to its meaning and economic purpose. 1.5 The current professional standards of the Austrian Association for Supervision and Coaching (ÖVS) including the current ethical guidelines as well as the Code of Ethics and Conduct for Members of the Professional Association of Management Consultancy and Information Technology (WKO UBIT) shall apply to the consulting formats used. These are freely accessible at and
2. scope of the consulting assignment / substitution
2.1 The scope of a specific consulting order shall be contractually agreed in the contract in each individual case. 2.2 The Contractor shall not be entitled to have the tasks incumbent upon it performed in whole or in part by third parties. 
13. final provisions 
3.1 The Principal shall ensure that the organizational framework conditions for the fulfillment of the consulting assignment at his/her place of business allow work to proceed as undisturbed as possible and in a manner conducive to the rapid progress of the consulting process. 3.2 The Principal shall also inform the Contractor comprehensively about previously performed and/or ongoing consultations - also in other specialist areas. 3.3 The Principal shall ensure that all documents necessary for the fulfillment and execution of the consulting assignment are submitted to the Agent in a timely manner, even without the Agent's special request, and that the Agent is informed of all processes and circumstances that are of importance for the execution of the consulting assignment. This shall also apply to all documents, processes and circumstances which only become known during the Consultant's activities. 
4 Ensuring Independence 
4.1 The contracting parties undertake to be mutually loyal. 
5 Reporting / Duty to Report
5.1 The contractor undertakes to report orally or in writing to the client on the progress of his work. 5.2 The client will receive the final report within a reasonable period of time, i.e. two to four weeks, depending on the type of consulting assignment after completion of the assignment. Blickwinkel - Systemische Supervision, Coaching, Meditation | RAMONA TOTH General Terms and Conditions (ABG), valid version as of August 22, 2021.
6. Protection of Intellectual Property 
6.1 The copyrights to the works created by the Contractor and its employees and commissioned third parties (in particular offers, contracts, reports, analyses, organizational plans, programs, performance descriptions, drafts, calculations, drawings, data carriers, etc.) shall remain with the Contractor. They may be used by the Customer during and after termination of the contractual relationship exclusively for purposes covered by the contract. In this respect, the Client shall not be entitled to reproduce and/or distribute the work(s) without the Contractor's express consent. Under no circumstances shall an unauthorized reproduction/dissemination of the work give rise to any liability on the part of the Contractor - in particular, for example, for the correctness of the work - vis-à-vis third parties. Rights of use shall only be transferred if the granting of the right of use is expressly agreed in writing. 6.2 The Client's violation of these provisions shall entitle the Contractor to immediately terminate the contractual relationship prematurely and to assert other statutory claims, in particular for injunctive relief and/or damages. 
7 Warranty 
7.1 The Contractor shall be entitled and obligated to remedy any inaccuracies and defects in its performance that become known, irrespective of fault. The Contractor shall inform the Customer thereof without delay. 7.2 This claim of the Customer shall expire six months after the respective service has been rendered. 
8. Liability / Compensation for Damages
8.1 The Contractor shall be liable to the Customer for damages - with the exception of personal injuries - only in the event of gross negligence (intent or gross negligence). This shall also apply mutatis mutandis to damage caused by third parties engaged by the Contractor. 8.2 Claims for damages by the Client may only be asserted in court within six months of knowledge of the damage and the damaging party, but at the latest within three years of the event giving rise to the claim. 8.3 The Customer shall in each case furnish proof that the damage is attributable to the fault of the Contractor. 8.4 If the Contractor performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, the Contractor shall assign these claims to the Customer. In this case, the Client shall give priority to these third parties. 8.5 Online consultations (by telephone, chat, video telephony or other technical means) shall be carried out exclusively with technical aids that comply with the GDPR. 
9. Secrecy / Data Protection 
9.1 The Contractor undertakes to maintain absolute secrecy about all business matters of which it becomes aware, in particular business and trade secrets as well as any information it receives about the nature, scope of operation and practical activities of the Client. 9.2 Furthermore, the Contractor undertakes to maintain secrecy vis-à-vis third parties with regard to the entire content of the Work as well as all information and circumstances received in connection with the creation of the Work, in particular also with regard to the data of clients of the Principal. 9.3 The Contractor shall be released from the duty of confidentiality with respect to any assistants and substitutes he/she uses. However, he/she shall fully transfer the duty of confidentiality to them and shall be liable for their breach of the duty of confidentiality as for his/her own breach. 9.4 The duty of confidentiality shall extend indefinitely beyond the end of this contractual relationship. Exceptions exist in the case of legally stipulated obligations to testify. 9.5 The Contractor shall be entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The client shall guarantee the contractor that all necessary measures have been taken for this purpose, in particular those in the sense of the Data Protection Act, such as declarations of consent of the persons concerned. Blickwinkel - Systemische Supervision, Coaching, Meditation | RAMONA TOTH General Terms and Conditions (ABG), valid version as of 22.08.2021.
10. Fee
10.1 Upon completion of the agreed work, the Contractor shall receive a fee in accordance with the agreement - the contract - between the Client and the Contractor. The Contractor shall be entitled to submit interim invoices in accordance with the progress of the work and to demand payment on account in accordance with the respective progress. The fee shall be due in each case upon invoicing by the Contractor. 10.2 The Contractor shall issue an invoice with all legally required features. 10.3 Any cash expenses, out-of-pocket expenses, travel expenses, etc. incurred shall be reimbursed additionally by the Principal against invoicing by the Contractor, unless otherwise stipulated in the contract. 10.4 If the agreed work is not performed for reasons on the part of the Client or due to a justified premature termination of the contractual relationship by the Contractor, the Contractor shall retain the right to payment of the entire agreed fee less any expenses saved. In the event that an hourly fee has been agreed upon, the fee shall be paid for that number of hours that could have been expected for the entire work agreed upon, less the expenses saved. Unless otherwise agreed in the contract, the saved expenses shall be agreed as a lump sum of 30 percent of the fee for those services which the Contractor has not yet performed by the day of termination of the contractual relationship. 10.5 In the event of non-payment of interim invoices, the Contractor shall be released from its obligation to provide further services. However, this shall not affect the assertion of further claims resulting from non-payment.
11. Electronic Invoicing
11.1 The Contractor shall be entitled to send invoices to the Customer also in electronic form. The Customer expressly agrees to the Contractor sending invoices in electronic form. 12 Duration of the Contract 12.1 This contract shall generally end upon completion of the project. 12.2 Notwithstanding this, the contract may be terminated at any time for good cause by either party without notice. Good cause shall be deemed to exist in particular - if a contractual partner breaches material contractual obligations or - if a contractual partner defaults on payment after insolvency proceedings have been opened. - if there are justified doubts regarding the creditworthiness of a contractual partner in respect of whom insolvency proceedings have not been opened and the contractual partner, at the request of the contractor, neither makes advance payments nor provides suitable security prior to performance by the contractor and the poor financial circumstances were not known to the other contractual partner at the time the contract was concluded. 
13. final provisions
13.1 The contracting parties confirm that they have provided all information in the contract conscientiously and truthfully and undertake to notify each other immediately of any changes. 13.2 Amendments to the contract - the contract - and these GTC must be made in writing; likewise any waiver of this formal requirement. Verbal collateral agreements do not exist. 13.3 This contract shall be governed by Austrian substantive law, excluding the conflict of laws rules of private international law. The place of performance shall be the place of the Contractor's professional establishment. The court at the Contractor's place of business shall have jurisdiction over disputes. The following mediation clause is recommended as a business-friendly means of dispute resolution: (1) In the event of disputes arising from this contract that cannot be settled by mutual agreement, the contracting parties mutually agree to involve registered mediators (ZivMediatG) specializing in business mediation from the list of the Ministry of Justice for the out-of-court settlement of the conflict. If no agreement can be reached on the selection of the business mediators or on the content, legal action shall be taken at the earliest one month after the failure of the negotiations. (2) In the event of a mediation which has not been concluded or which has been terminated, Austrian law shall apply in any legal proceedings which may be instituted. All necessary expenses incurred due to a previous mediation, in particular also those for a consulted legal advisor, can be claimed as "pre-litigation costs" in court or arbitration proceedings as agreed.