General Terms & Conditions

Status: 7. September 2023 

1. 1. General Principles / Scope of Application

   1. These General Terms and Conditions shall apply exclusively to all legal transactions between the Client (hereinafter referred to as "Client") and Christine Rous, Ph.D. (hereinafter referred to as "Contractor"). The version valid at the time of conclusion of the contract shall be authoritative in each case.

   2. These General Terms and Conditions shall also apply to all future contractual relationships, thus even if no express reference is made thereto in the case of additional contracts.

   3. Any conflicting General Terms and Conditions of the Client shall be invalid unless expressly accepted by the Contractor in writing.

   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 which comes as close as possible to its meaning and economic purpose.

2. 2. Offer and conclusion of contract

   1. The exact scope of the service to be rendered, the delivery period and the fee for the service rendered shall be determined by the Contractor submitting an offer to the Client.

   2. The conclusion of the contract shall be effected by the written approval of the offer by the Client. The approval may also be given in electronic form (by e-mail).

3. 3. Obligations of the Client to cooperate

   1. The Client undertakes to provide the Contractor with all documents and information required for the performance of the service.

4. 4. Delivery period and delay in delivery

   1. The dates agreed in the offer (see 2.1) shall apply to the delivery period. The deadlines for performance shall not begin to run until the principal has supplied the data material required for the performance of the service.

   2. If binding delivery deadlines cannot be met for reasons for which the Contractor is not responsible (see also 3.1), the Contractor shall inform the client of this without delay and at the same time inform him of the expected new delivery deadline.

5. 5. Invoicing and terms of payment

   1. After performance of the service, the Client shall receive an invoice from the Contractor in accordance with the agreement (see 2.1).

   2. Payment shall be made within 14 days of receipt of the invoice to the account specified in the invoice.

   3. The Contractor, as an independent contractor, shall be responsible for the payment of all taxes and duties and shall assume sole liability for them.

6. 6. Electronic invoicing

   1. The Contractor is entitled to send invoices to the Client in electronic form. The Client expressly agrees to the Contractor sending invoices in electronic form.

7. 7. Duration of the contract

   1. In principle, a contract ends with the completion of the service rendered and the corresponding invoicing.

   2. Notwithstanding this, a 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 contracting party breaches essential contractual obligations, or
      • if a contracting party defaults on payment after insolvency proceedings have been opened, or
      • if there are justified doubts about the creditworthiness of a contracting party in respect of which no insolvency proceedings have been opened and the latter, 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 of the other contracting party were not known at the time of conclusion of the contract.

8. 8. Confidentiality

   1. If, within the scope of a contract, the Contractor receives information or has access to information which is the property and confidential information of the Client and its customers, the Contractor shall be obliged to treat this information as confidential and not to use it for purposes other than the performance of this contract.

   2. The confidentiality extends to everything that has become known in the performance of the contract. It exists vis-à-vis everyone.

   3. 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. 9. Final provisions

   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.

   2. Amendments to a contract and these GTC must be made in writing; likewise any waiver of this formal requirement. Verbal collateral agreements do not exist.

   3. The contract shall be governed by Austrian substantive law, excluding the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods. The place of performance shall be the place of the Contractor's professional establishment. The court at the Contractor's place of business shall be responsible for disputes.

Christine Rous, Ph.D.
Medical Writer
Neubaugasse 56/7
1070 Vienna
Austria

E: welcome@medwriting.at
P: +43 650 810 1981