For consulting and interim management services provided by DDM – Data Driven Management e.U.
Version: 04 September 2025

1. Scope of Application

1.1 These General Terms and Conditions apply to all contracts between DDM – Data Driven Management e.U. hereinafter referred to as “DDM” and clients acting as entrepreneurs within the meaning of Section 1 of the Austrian Commercial Code.

1.2 The scope of services provided by DDM includes in particular:

• management consulting, including organizational development
• management and controlling services
• business intelligence, data analysis and reporting solutions
• digitalization of processes
• process definition and automation
• interim management in operational and strategic functions

1.3 Deviating terms and conditions of the client shall only apply if expressly confirmed in writing by DDM.

2. Conclusion of Contract and Written Form

2.1 Offers made by DDM are non-binding unless expressly marked as binding.

2.2 A contract is concluded by written confirmation or by signing an offer.

2.3 Amendments and additions to agreements must be made in writing. Verbal side agreements shall have no validity.

3. Description of Services

3.1 DDM provides the agreed services in accordance with the principles of careful professional practice and to the best of its knowledge and belief.

3.2 No specific success is expressly owed. DDM provides services within the agreed scope of work.

3.3 The client undertakes to provide all information, data, access rights and decisions required for the provision of services in due time and to ensure that DDM is able to perform the services properly.

4. Subcontractors

4.1 DDM is entitled to use suitable subcontractors or partner companies for the fulfilment of the contract.

4.2 The client shall be informed of this in writing in advance. If no objection is raised within seven calendar days, the use of the subcontractor shall be deemed approved.

4.3 In any case, DDM remains responsible to the client for the proper fulfilment of the contract.

5. Fees, Payment Terms and Travel Expenses

5.1 Remuneration shall be based on agreed hourly, daily or monthly rates, or on a fixed fee basis.

5.2 Unless otherwise agreed:

• 30% of the contract value upon commissioning as an advance payment
• interim payments monthly in advance or according to project progress
• final payment after completion of the service

5.3 Invoices are payable net within 15 days without deduction.

5.4 Success-based or bonus payments are only owed if they have been agreed and specified in writing.

5.5 Travel expense regulation:

The client shall bear all necessary travel costs, accommodation costs and expenses against proof.

Alternatively, a weekly travel expense allowance may be agreed in advance.

5.6 In the event of late payment, default interest of 9.2% per annum above the base interest rate of the European Central Bank shall apply, together with reminder fees.

6. Liability and Warranty

6.1 DDM shall only be liable for damages caused by intentional or grossly negligent conduct.

6.2 In any case, liability shall be limited to the simple average monthly fee of the agreed remuneration.

6.3 Liability for loss of profit, consequential damages or indirect damages is excluded.

6.4 Warranty claims must be asserted in writing within 14 days after the provision of the service.

7. Termination and Withdrawal

7.1 Withdrawal is only permitted for good cause.

7.2 In the event of termination by the client without good cause, DDM remains entitled to claim the full agreed fee, less any expenses saved.

7.3 Services already provided shall be remunerated in any case.

8. Confidentiality

8.1 DDM undertakes to treat all information received in the course of the cooperation as confidential.

8.2 The client undertakes to maintain confidentiality regarding DDM’s business secrets, methods and tools.

8.3 DDM is entitled to refer to anonymized project results and the cooperation for reference purposes, unless otherwise agreed contractually.

9. Copyright and Rights of Use

9.1 All analyses, concepts, presentations, dashboards, software solutions and other work results created by DDM are protected by copyright.

9.2 The client receives a simple, non-transferable right of use for the contractually agreed purpose.

9.3 Any further use or disclosure to third parties requires the written consent of DDM.

10. Applicable Law and Place of Jurisdiction

10.1 Austrian law shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods.

10.2 The place of jurisdiction for all disputes shall be the competent court at the registered office of DDM, Wiener Neustadt.

General Terms and Conditions | DDM – Data Driven Management