OUR GENERAL TERMS & CONDITIONS
Freelancer subject to law no. 4 of January 14th, 2013
Professionista operante in conformità alla Legge n. 4 del 14/01/2013
The terms & conditions set out below represent the general terms & conditions to ensure successful collaboration between ROI TEAM CONSULTANT and its customers and thus provide the basis for working with you.
1. Service offer
1.1. The scope of the services appears in the written offer submitted by ROI TEAM CONSULTANT.
1.2. Any changes and/or additions to the offer must be made in writing to be effective.
1.2. The validity of the offer expires after 3 months.
2. Project costs
2.1. The written offer submitted by ROI TEAM CONSULTANT will form the basis for the project costs.
2.2. The services provided by ROI TEAM CONSULTANT will be billed immediately after provision or in periodic partial invoices. ROI TEAM CONSULTANT is also entitled to require payment on account for the services it provides.
2.3. Payment conditions of ROI TEAM CONSULTANT: settlement to be made net immediately on receipt of invoice.
3. Your ROI TEAM CONSULTANT team
3.1. We will provide a team of qualified specialists to work with you. To ensure the success of the project, our customers must themselves become agents of change. We therefore expect your staff to co-operate closely with our team, i.e. ensure teamworking.
3.2. ROI TEAM CONSULTANT believes that diversity will bring the best results. This policy means that our teams consist of qualified ROI TEAM CONSULTANT advisers and assistants from all fields.
3.3. We do not offer any legal, accounting or tax advice that would impact on the advice supplied by ROI TEAM CONSULTANT. You must therefore continue to make use of your experts in these individual specialisms.
3.4. We can if desired work together with other specialists. Each task will be discussed with you in detail and in advance to ensure that all parties are clearly informed of their own responsibilities regarding their respective missions. We are not responsible for work carried out by third parties.
3.5. A constant and open dialogue with our customers is vital for the success and implementation of our proposals. For our part, on completion of the consultancy work we require a qualitative and quantitative appraisal of the implementation measures within six to nine months of the conclusion of the project.
3.6. Without prejudice to the provisions of Art. 1229 of the Italian Civil Code governing damage caused on our part whether intentionally or through gross negligence, in the event of the non-fulfilment of our obligations towards yourselves ROI TEAM CONSULTANT will expressly be liable for any damages arising from such behaviour only up to the maximum amount of the total sum payable by you to us for the work carried out.
Likewise without prejudice to the provisions of Art. 1229, we decline all responsibility for any claim by the customer for compensation for indirect or punitive damages against ROI TEAM CONSULTANT GmbH.
3.7. Our practice is not to offer employment to any of our customers’ personnel and we request that you adopt the same approach. Should one of your staff apply for a post with us, we undertake to discuss any further steps with yourselves, and we therefore ask you to reciprocate this policy.
4. Customer property and distribution of presentations and reports
4.1. The presentations, reports and all other material that you receive from ROI TEAM CONSULTANT will become your property. Customers do not acquire any rights to our designs, notes, analyses or other preparatory work.
4.2. In addition to the above, you must undertake not to distribute our presentations, reports or any other material outside of your organisation without our prior agreement: this will not be refused without cause. Our prior agreement is required for two reasons: first, we believe that the possibility of the publication of our advice could hinder our co-operation and hinder the success of the project; second, we wish to avoid the possibility of misunderstandings that could arise if third parties are informed of the project results solely in summary form.
4.3. Further to the above, on account of the nature of the risks involved, no reference may be made to ROI TEAM CONSULTANT in any prospectus, information brochure or similar, unless this is a legal requirement.
5. Intellectual property rights of ROI TEAM CONSULTANT
5.1. Although ROI TEAM CONSULTANT will transfer to you the right of ownership of the documents representing the final result of the project, ROI TEAM CONSULTANT will retain all intellectual property rights over such material. These rights cover our entire know-how of management principles and all analytical concepts, approaches, methods, models, processes and ideas developed by the team of ROI TEAM CONSULTANT in co-operation with its customers and in the course of its research work. Retaining our intellectual property rights means that we can use our experience for the benefit of all of our customers.
5.2. While ROI TEAM CONSULTANT cannot fully grant its intellectual property rights to you, you may nevertheless use the intellectual property of ROI TEAM CONSULTANT within your own organisation for the purposes of implementing the ideas and advice provided by ROI TEAM CONSULTANT.
6. Protection of confidential information belonging to the customer
6.1. The protection, transmission and processing of confidential information internal to your company is fully governed by the regulations contained in the ROI TEAM CONSULTANT privacy declaration, which ROI TEAM CONSULTANT undertakes to observe.
6.2. The protection, transmission and processing of your personal and identifying data is governed by the relevant legal provisions, in particular those of Legislative Decree no. 196/2003 and the regulations of the information notice issued by ROI TEAM CONSULTANT GmbH.
7. Changes to terms & conditions
7.1. Changes to these ROI TEAM CONSULTANT terms & conditions must be made in writing to be effective.
8. Final clauses
8.1. The relationship stipulated in our contract is governed by the laws of the Republic of Italy. The exclusive place of jurisdiction is Bozen/Bolzano, Italy.
8.2. In issuing an order, the principal confirms that it is aware of the general terms & conditions of ROI TEAM CONSULTANT and has accepted them in every particular.