General Terms and Conditions (AGB)

All transactions between the Client and Wenexus Consulting GmbH (the “Contractor”) are governed exclusively by these Terms in the version valid at conclusion of contract.

A consumer is a person who does not enter the transaction for the operation of their business (§ 1 Abs 1 Z 2 KSchG); a business is one for whom it belongs to the operation of their enterprise (§ 1 Abs 1 Z 1 KSchG).

Severability: the invalidity of individual provisions does not affect the others.

Statutory provisions replace invalid ones; no supplementary interpretation to the consumer’s detriment.

The scope of the service is agreed in each individual case.

The contract language is German. Translations (RU/UA/EN) serve comprehension only; the German version is legally authoritative.

For conclusion via the website, §§ 9 ff ECG apply: presentation of technical steps, storage of the contract text, correction of input errors; immediate electronic confirmation of receipt of the order (§ 10 Abs 2 ECG); ability to store and reproduce the Terms (§ 11 ECG).

For a paid online order, the button is labelled “zahlungspflichtig bestellen” (order with obligation to pay) (§ 8 FAGG); otherwise the consumer is not bound.

Before the contractual declaration, the consumer receives the information under § 4 FAGG (essential characteristics, total price including taxes, payment/performance terms, statutory warranty, right of withdrawal incl. model withdrawal form); after conclusion, a confirmation on a durable medium (§ 7 Abs 3 FAGG).

Services on the basis of: business consulting § 94 Z 74 GewO 1994 (GISA 37528447); insurance broker § 94 Z 76 GewO 1994 (GISA 39387608).

Use of qualified third parties is permitted; payment exclusively by the Contractor; no direct contractual relationship arises between the third party and the Client.

The Client ensures organisational conditions conducive to the progress of the work.

Timely provision — also unprompted — of all required documents/information, including circumstances becoming known later.

For services to a business: timely information of any works council (Betriebsrat).

Mutual loyalty; measures to preserve the independence of engaged third parties and the Contractor’s staff, in particular regarding offers of employment or assignments on own account.

Reporting in line with the progress of the work.

Final report within a reasonable time after completion, generally within two to four weeks.

Freedom from instructions in producing the work; no binding to a particular place/time of work; agreed content and deadlines remain unaffected.

Applies to consumers only; businesses have no FAGG right of withdrawal.

Right of withdrawal (Widerrufsrecht): you may withdraw within fourteen days without giving reasons; the period is 14 days from conclusion of contract. Notify Wenexus Consulting GmbH, Fleischmarkt 14/Office 5a, 1010 Vienna, office@wenexus.at by an unequivocal statement (letter/email); the model withdrawal form is optional. Timely dispatch preserves the deadline.

Consequences: repayment of all payments received without delay, at the latest within 14 days of receipt of the withdrawal notice, using the same means of payment, without charge.

Early commencement of the service (§ 10 FAGG): requires the consumer’s express request on a durable medium + acknowledgement that the right of withdrawal lapses upon full performance pursuant to § 18 Abs 1 Z 1 FAGG. If withdrawal occurs during ongoing performance, a proportionate reasonable amount is payable for the part already performed.

Exceptions (§ 18 FAGG): inter alia fully performed services where performance began with prior express consent and acknowledgement of loss of the right of withdrawal (§ 18 Abs 1 Z 1); digital content not on a tangible medium under § 18 Abs 1 Z 11.

Model withdrawal form separately at www.wenexus.at/widerruf (wording in the Annex).

Copyright (Urheberrecht) in the works created remains with Wenexus Consulting GmbH.

Upon full payment, the Client receives a non-exclusive right of use (Werknutzungsrecht), unlimited in time and territory, to use the results for the contractually intended own purposes. Reproduction/distribution/transfer beyond the contractual purpose requires express written consent.

The statutory warranty provisions apply (ABGB, KSchG, and for digital services the VGG) without limitation; no shortening of periods and no reversal of the burden of proof to the consumer’s detriment.

Liability under the statutory provisions. Liability for personal injury (Personenschäden) is never excluded or limited. For slightly negligent breach of essential contractual duties, liability is limited to the foreseeable damage typical of the contract; this does not apply to intent, gross negligence or personal injury. No burden of proof not provided for by law is imposed on the consumer; statutory limitation periods are not shortened.

Where third parties are engaged and claims against them arise, the Contractor assigns these to the Client; the Client primarily turns to these third parties.

Professional indemnity insurance (consulting), policy PL-PSC810202560: financial loss liability EUR 3,000,000 per case (max. 9,000,000 p.a.); general business liability EUR 3,000,000 per case (max. 9,000,000 p.a.); cyber EUR 100,000 per case; deductible EUR 0. Broker cover see § 14.

Absolute secrecy regarding business matters, trade/operational secrets and clients’ data; unlimited and beyond the end of the contract; except for statutory duties to testify/report.

Transfer of the duty of secrecy to assistants/representatives; liability for their breach as for one’s own.

Data protection under GDPR (DSGVO) and DSG; details in the Privacy Policy (www.wenexus.at/datenschutz). For processing on instruction, a separate agreement under Art 28 GDPR.

In insurance mediation, special categories of data (health data) may be processed on the basis of explicit consent (Art 9 Abs 2 lit a GDPR) or another legal basis.

Fee by agreement; interim invoices and advance payments (Akonti) permitted; due upon invoicing.

Invoices in accordance with UStG 1994 (UID ATU 81175014); cash outlays/expenses/travel and other costs reimbursed additionally against evidence.

If performance fails for reasons on the Contractor’s side, the fee is not charged to that extent. For reasons on the consumer’s side, a claim under § 1168 ABGB applies, but crediting what was saved or otherwise acquired/intentionally not acquired; information under § 27a KSchG; no flat-rate crediting to the consumer’s detriment.

In case of default on interim invoices, release from further services; other claims unaffected.

Electronic invoices (e.g. PDF by email) permitted; express consent of the Client; revocation for the future possible at any time.

As an insurance broker (§ 94 Z 76 GewO, GISA 39387608), representative of the client’s interests (Sachwalter), not permanently bound to any insurer. Additionally §§ 137 ff GewO 1994, MaklerG, Standesregeln für Versicherungsvermittlung (BGBl II 162/2019), IDD (Directive (EU) 2016/97).

Best advice: honestly, fairly, professionally, in the client’s best interest; appropriate risk analysis, cover concept, documentation (§ 28 MaklerG); essential duties not limited to the client’s detriment (§ 32 MaklerG).

Advice record before conclusion; waiver of advice only to the permissible extent and documented.

Initial information (Erstinformation) under § 1 Abs 9 Standesregeln provided in good time on a durable medium; available at www.wenexus.at/erstinformation.

Remuneration generally via commission included in the premium; the specific type (commission/fee/combination) disclosed per contract in the Erstinformation/advice record.

Professional indemnity insurance (§ 137c GewO) with Generali Versicherung AG (FN 038641a), Landskrongasse 1–3, 1010 Vienna, policy 000-5956-7101: per case EUR 1,564,610; per year EUR 2,315,610; run-off unlimited (Delegated Regulation (EU) 2024/896).

Complaints to the Contractor (office@wenexus.at) and to the Complaints Office for Insurance Intermediaries at the BMWET (Stubenring 1, 1010 Vienna; § 365z1 GewO 1994); additionally, voluntarily, the RSS of the Insurance Brokers’ Association (Fachverband).

A contract generally ends with project completion and invoicing.

Termination for good cause without notice (material breach; payment default after insolvency proceedings).

The FAGG right of withdrawal (§ 7) and other statutory rights of withdrawal/termination remain unaffected.

Wenexus Consulting GmbH is not obliged and generally not willing to participate in consumer arbitration, but reviews every complaint with a view to an amicable solution. Default body: Verbraucherschlichtung Austria (Mariahilfer Straße 103/1/18, 1060 Vienna, www.verbraucherschlichtung.at).

For insurance mediation, additionally the RSS of the Fachverband (see § 14.7).

A link to the EU OS/ODR platform is omitted (discontinued on 20 July 2025).

Conscientious and truthful statements; prompt mutual notification of changes.

The consumer’s declarations are not bound to any stricter form than the statutory one; withdrawal under § 7 is form-free.

Substantive Austrian law applies, excluding the conflict-of-law rules and the CISG.

For consumers habitually resident in another EEA state, their mandatory consumer-protection provisions remain unaffected (Art 6 Rome I Regulation).

For actions against consumers domiciled/resident/employed in the country, only the locally competent court has jurisdiction (§ 14 KSchG).