The detective agency undertakes to execute the given assignment with due diligence to the best of its knowledge and abilities. The risk of each assignment is borne by the client. The client undertakes to indemnify and hold the detective agency harmless from and against any and all detriments arising from the execution of the assignment, in particular from any civil claims.
The results and procedures of detective work can neither be anticipated nor guaranteed.
Unless specifically instructed by the client, services, replacements, and vehicle usage are subject to the contractor’s discretion.
The client is not entitled to disclosure of the identity of the informants of the detective company, but is entitled to know the names of witnesses for achieved goals of the assignment.
In the case of motor vehicle operations, the detective company may use two detectives to facilitate a positive result. The client agrees to fully reimburse administrative penalties and in particular traffic tickets resulting from the execution of the assignment.
Reports are made in writing or verbally and are treated as strictly confidential. The detective agency assumes no liability with regard to the use of reports and results by the contracting party. Reports made over the telephone are not binding.
The client agrees to pay any detective agency expenses caused by the assignment. He/she undertakes to cover accruing costs by making regular advance payments. The receivables accrued up to that point are due upon issuance of the report. If the detective agency’s claim is not paid in full upon issuance of the report, the client undertakes to acknowledge the claims for fees and reimbursement of costs in writing. The client undertakes to reimburse all expenses arising from the collection of the claim, including pre-litigation costs, in particular from the use of legal counsel.
The client recognizes court and official appointments resulting from the assignment as time spent on the assignment and therefore subject to a fee. This is true even if it is a citizen’s duty to comply. The claim arises with the actual time spent by the detective. The detective agency does not issue claims for fees to the court.
The placing of the assignment by the client does not constitute a contract for work. Additions that deviate from these business and fee conditions are only binding in written form for both parties at any time without setting a deadline for possible termination of the assignment. The client acknowledges that a legally binding representation of the detective agency in all matters, in particular for the conclusion of agreements and the acceptance of declarations of the client, can only be made by the management.
The client agrees to accept this agreement as the basis for further assignments placed by the client by telephone, in person or in writing. The offsetting of the detective agency’s fee claims against a claim of the client is excluded.
Interest will be charged in the event of default and of approved deferrals.
The client agrees to reimburse the costs incurred by the detective company in the event of late payment, in particular reminder and collection fees, as well as 12% interest on arrears.
The place of performance of the claims arising from the contract and the agreed place of jurisdiction is Vienna.
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