Terms and Conditions for Detective Services
1. General Provisions
Unless otherwise agreed, operational planning and the replacement of deployed detectives shall be carried out at the professional discretion of the contractor.
Any deviations from these General Terms and Conditions or fee agreements must be made in writing and approved by the client.
Agreements made between employees of the contractor and third parties or the client shall have no legal effect.
2. Risk and Liability
The client bears the sole risk regarding the successful achievement of the assignment objectives. The contractor shall be held harmless and indemnified in this respect.
Claims for damages resulting from slight negligence are excluded, except in cases involving personal injury.
Claims for compensation become time-barred:
- within one year from the date the damage and the responsible party become known
- in any event within three years from the provision of the service
3. Services and Reporting
Reports are generally provided in writing and are strictly confidential and intended exclusively for the client.
Telephone or verbal information is considered non-binding.
The contractor accepts no liability for the client's use of the reports.
If confidentiality has been agreed upon, the client waives the disclosure of the identity of informants or sources of information.
4. Fees and Payment Terms
All time expenditures and out-of-pocket expenses incurred in connection with the assignment shall be reimbursed in full by the client, including VAT.
All costs incurred up to the respective reporting date become due upon submission of each report.
Advance payments amounting to 100% of the estimated assignment volume shall be made on an ongoing basis.
Payment is due in full upon invoicing without deductions.
5. Appointments and Official Proceedings
Appointments with authorities and court appearances related to the assignment are considered billable time.
This also applies:
- in cases of legal obligation to attend
- if testimony is waived
- in the event of postponements
6. Claims and Contractual Penalties
Claims may not be assigned without the contractor’s explicit written consent.
In the event of an unauthorized assignment:
- Contractual penalty: € 3,000
- Additional claims for further damages remain reserved
7. Withdrawal and Cancellation
Consumers (Consumer Protection Act)
- Withdrawal period: 7 working days from conclusion of the contract
- Saturdays are not considered working days
- No reason for withdrawal required
- No right of withdrawal once services have already commenced
Business Clients
- Cancellation up to 24 hours before the operation: 50% of the expected total costs
- Later cancellations will not be considered
8. Late Payment
In the event of late payment, the client agrees to bear the following costs:
Reminder and collection fees (in accordance with statutory maximum rates)
- € 15 per reminder notice
- € 10 for account maintenance
- plus applicable VAT in each case
In addition, further damages must be compensated, in particular:
- higher interest charges on credit accounts
Default interest rates:
- 4% for consumers
- 12% for business clients
9. Liability in the Case of Authorized Representatives
If the assignment is placed by an authorized representative, such representative shall be jointly and severally liable together with the client.
10. Contract Duration and Termination
The signed agreement shall also apply to:
- telephone follow-up assignments
- written follow-up assignments
- verbal follow-up assignments
The contractor is entitled to terminate the assignment at any time without stating reasons.
All services provided up to that point shall be paid for by the client.
11. Jurisdiction
Place of jurisdiction is Vienna.
