Terms and Conditions

General

1. These General Terms and Conditions (hereinafter referred to as “AGB”) are an integral part of the detective agency Pöchhacker KG (hereinafter referred to as “Detective Agency”) specified in the attached order form, addressed to its client (hereinafter referred to as “AG”).
2. The AGB constitute an essential basis for all existing contractual relationships between the contracting parties and apply in particular to offers, contracts, as well as additional or follow-up orders given by the AG verbally, in person, or in writing.
3. The subject of the contract is the professional provision of detective services. The order does not constitute a work contract.
4. Changes, cancellations, or extensions to these AGB are considered included and thus part of the contract only if a written agreement has been made.
5. Deviating AGB of the AG, subsequent changes, and additions to the contract do not become part of the contract unless explicitly acknowledged in writing by the Detective Agency.
6. For all offers, orders, and contracts, the written order confirmation in conjunction with the AGB is decisive.
7. By revising these AGB, which also takes place in written form, the previous AGB are replaced. Existing orders and contracts are not affected by this.
8. Unless a legal requirement exists, the AG, by signing these terms and conditions, simultaneously grants a special power of attorney to the Detective Agency for necessary discussions with the AG’s lawyer and, in criminal matters, for accessing files at courts and authorities to the extent permitted to the AG or its lawyer.

Conclusion of Contract

1. The contract is considered concluded when this order is signed by the AG or another person attributable or authorized to the AG, or the order is otherwise confirmed in writing.
2. The AG undertakes to comprehensively and truthfully present the facts to the Detective Agency and confirms not to pursue unlawful goals with the order.

Commissioning of Third Parties

1. The Detective Agency may involve one or more other companies in the execution of the order/contract and may also use other assistants.
2. During the duration of the order, the AG undertakes not to act on their own in the matter or instruct third parties without the consent of the Detective Agency. The AG also undertakes to fully inform the Detective Agency about any prior activities.

Freedom of Execution

1. The AG acknowledges that detective work cannot be schematized, and therefore, results and procedures cannot be anticipated or guaranteed by the Detective Agency. Unless special instructions are given by the AG, the deployments of personnel, relief, and use of vehicles are carried out at the discretion of the Detective Agency.
2. The nature of the execution of the order is the responsibility of the Detective Agency. If the AG cannot be reached, the Detective Agency has the freedom to carry out unavoidable actions without consulting the AG, at the AG’s expense. The AG must be promptly informed about the measures taken.

Vehicle Deployments

1. For deployments of multi-track motor vehicles, regardless of their number, two detectives are used per vehicle in the interest of professional service and traffic safety. The possibility of traffic-related difficulties is noted.

Traffic Violations – Indemnification

1. The AG undertakes to reimburse fines for administrative offenses, especially for speeding and illegal parking, if they were deemed necessary/appeared to achieve the objective of the order.

Reporting

1. Unless otherwise agreed, the reporting by the Detective Agency is done in writing, is exclusively for the AG, and must be treated strictly confidential by the AG. Telephone reports are non-binding due to possible hearing errors and misunderstandings.

Additional Services

1. Special services not foreseeable or not attributable to the Detective Agency that arise in connection with the underlying contract must be remunerated additionally. The same applies if the scope of the order/service is expanded by the AG after the conclusion of the contract.
2. The attendance of authorities and court appointments of any kind by the Detective Agency, which are directly/indirectly related to the subject of the order, is an additional service and is remunerated by the AG based on time spent.

Liability

1. The AG bears the risk of the order, with the obligation to indemnify the Detective Agency against all disadvantages arising from the execution of the order.
2. The Detective Agency is not liable for the success of the order/contract.
3. Multiple AGs are jointly liable to the Detective Agency. The Detective Agency has the freedom to choose which AG it holds liable first.
4. The AG is liable for expenses and damages arising from incorrect and/or insufficient information provided by the Detective Agency.
5. The AG is liable for waiting and standstill times, and these can be invoiced to the AG by the Detective Agency.
6. The AG is liable for the disclosure of the report to unrelated third parties.
7. The Detective Agency assumes no liability for the use of reports, information, and investigation results by the AG.

Payment Agreement

1. Unless otherwise agreed, the AG is obligated to cover personnel and material expenses through advance payment(s).
2. Unless different payment terms have been agreed upon, the (remaining) fee is due upon invoicing or transmission of the report by the AG.
3. Payment is considered made as soon as the Detective Agency can dispose of it.
4. Offsetting with counterclaims is inadmissible.

Payment Default

1. In case of default, the AG undertakes to pay 1.5 percent default interest per month and reimburse all reminder, collection, enforcement, information, and attorney costs.

Source Protection

1. The AG expressly waives the disclosure of the identity of informants and/or persons providing information that becomes known to the Detective Agency in the course of order execution.

Commercial Protection Provisions

1. The AG undertakes not to employ the personnel deployed by the Detective Agency for activities within the meaning of § 129(1) GewO during the contract period and one year thereafter. The AG will also prohibit third parties from employing such persons during this period.
2. In case of a violation, the AG is obliged to pay, in addition to other damages, the costs of recruiting and training suitable replacement personnel in the form of a non-reducible lump sum in the amount of 10 times the last monthly gross salary of an employee, but at least 20,000 (twenty thousand) euros, as a contractual penalty to the Detective Agency.

Termination of Contract

1. The termination of the contract/order must be communicated to the Detective Agency in writing. The AG is liable for all costs and additional costs resulting from the premature termination of the contract by the Detective Agency.

Invalidity of Contract Provisions

1. Should individual provisions of the contract and the AGB be invalid, this does not affect the validity of the remaining provisions. The invalid provision is to be replaced by a valid regulation that comes as close as possible to the intended goal.

Applicable Law and Jurisdiction

1. The order/contract and the AGB are subject to Austrian law. The exclusive place of jurisdiction is Vienna, unless otherwise mandatory.