GENERAL TERMS AND CONDITIONS (GTC)
Status: December 2025
WowNice Consulting e.U.
Owner: Michael Wolfgang Brauneis
Commercial Register No.: 666464 w – Commercial Court of Vienna
VAT ID No.: ATU82684579
Registered office: Kramergasse 9/7, 1010 Vienna, Austria
Email: michael.brauneis@wowniceconsulting.com
Phone: +43 670 1985 610
Trade licence: Business consultancy including business organisation, limited to marketing and sales (§ 136 Austrian Trade Regulation Act 1994)
Competent authority: Municipal District Office for the 1st District, Wipplingerstraße 8, 1010 Vienna
1. Scope of Application
These General Terms and Conditions apply to all consulting, brand, creative, strategy, workshop and implementation services as well as digital products provided by WowNice Consulting e.U. (hereinafter referred to as the “Contractor”).
Conflicting or deviating terms and conditions of the Client shall not be recognised unless expressly agreed to in writing.
2. Conclusion of Contract
A contract is concluded by:
a) acceptance of a written offer,
b) confirmation by email,
c) a signed project agreement, or
d) actual use of the services.
Oral side agreements shall only be valid if confirmed in writing.
3. Scope of Services
The scope of services is defined in the respective offer, workshop concept, project agreement or written confirmation.
Changes, extensions or additional services require written approval and will be invoiced separately.
Economic success, the achievement of specific KPIs or particular business results are not guaranteed.
4. Obligations of Cooperation
The Client shall provide all information, documents, data, content and contact persons necessary for the performance of services in a timely manner.
The Client confirms that all information provided is complete and accurate.
The Contractor shall not be liable for damages or additional expenses resulting from incorrect or incomplete information.
Delays due to insufficient cooperation shall extend deadlines and may result in additional charges.
5. Fees and Payment Terms
All prices are stated in Euro.
Invoices are due within 14 days from the invoice date without deduction.
For larger projects, a deposit of up to 50% may be required prior to project commencement.
In the event of late payment, statutory default interest applies:
B2B: 9.2 percentage points above the base interest rate
B2C: 4% per annum
Reminder and collection costs may also be charged.
6. Intellectual Property and Usage Rights
All content created by the Contractor — including strategies, texts, presentations, frameworks, methods (including the “Six Lines of WowNice”), workshop materials, designs, mood boards, layouts, analyses, concepts and all creative and intellectual services — remain the exclusive intellectual property of the Contractor.
Upon full payment, the Client receives a simple, non-transferable right of use limited strictly to the agreed purpose.
Without express written consent, the following are not permitted:
– Transfer to third parties, affiliated companies or agencies
– Use in other projects or locations
– Modifications, adaptations or further developments
– Publication or commercial use beyond the agreed project
– Reuse of project elements in new contexts
Unpaid services may neither be used nor transferred.
7. Confidentiality and Data Protection
Both parties undertake to treat all information obtained during the collaboration as confidential.
Personal data is processed in accordance with the GDPR and Austrian data protection regulations. Details are set out in the Contractor’s Privacy Policy.
If personal data is processed on behalf of the Client, a data processing agreement pursuant to Art. 28 GDPR shall be concluded.
8. Liability and Statements of Success
The Contractor shall only be liable for damages caused intentionally or by gross negligence.
In particular, no liability is accepted for:
– Failure to achieve KPIs, strategic objectives or revenue forecasts
– Economic consequences of entrepreneurial decisions taken by the Client
– External factors (market conditions, personnel, location, pricing, internal processes, etc.)
– Misinterpretation of recommendations or data
– Slight negligence
Strategic, conceptual and creative recommendations do not constitute a guarantee of success.
Liability is limited to the contract value, except in cases of personal injury or mandatory statutory provisions.
9. Warranty and Notification of Defects
The Client shall examine the services immediately and notify any defects in writing within 14 days.
If no notification is made, the services shall be deemed approved.
In the event of justified defects, the Contractor has the right to remedy them within a reasonable period. Further claims are excluded to the extent permitted by law.
10. Cancellation, Rescheduling and Withdrawal
10.1 Consulting, Strategy and Workshop Appointments
– up to 14 days before the appointment: free of charge
– 14 to 2 days before the appointment: 50% of the agreed fee
– within 48 hours: 100% of the agreed fee
Work already performed shall be invoiced in full regardless of the cancellation date.
10.2 Project Cancellations
In the event of withdrawal by the Client, all services rendered up to that point must be paid in full.
For fixed-price projects, a proportionate amount corresponding to the work progress shall be invoiced.
10.3 Digital Products (B2C)
For digital products, no right of withdrawal applies after download provision in accordance with § 18 para. 1 no. 11 FAGG.
10.4 Postponements by the Contractor
In cases of illness, technical problems or force majeure, the Contractor may postpone appointments. No claims for damages arise.
11. Force Majeure
In the event of circumstances beyond the Contractor’s control (e.g. illness, power outages, technical failures, official regulations, natural events), services may be adapted or postponed.
Claims for damages are excluded.
12. Reference Use and Self-Promotion
The Contractor is entitled to use completed projects as references for website, social media, portfolio, PR, pitch decks or internal documentation.
No confidential information, economic data or sensitive details will be disclosed.
The Client may object to such use in writing prior to project commencement. In the absence of objection, consent is deemed granted.
13. Reminder Procedure
In the event of late payment:
– 1st reminder (free of charge) after 7 days
– 2nd reminder after a further 7 days
– 3rd reminder after a further 7 days, including notice of collection proceedings
From the second reminder onwards, reasonable reminder fees may be charged.
The Contractor may engage a debt collection agency or lawyer. The resulting costs shall be borne by the Client.
14. Prohibition of Assignment
Assignment of claims by the Client requires prior written consent of the Contractor.
15. Final Provisions
Austrian law shall apply exclusively.
Place of performance and jurisdiction is Vienna, unless mandatory consumer protection provisions provide otherwise.
For consumers, the mandatory provisions of the Austrian Consumer Protection Act (KSchG) and the Distance and Off-Premises Contracts Act (FAGG) apply.
Should individual provisions be invalid, the remaining provisions remain unaffected. Invalid provisions shall be replaced by those that most closely reflect the economic intent.
Amendments and supplements must be made in writing. This also applies to any waiver of the written form requirement.