These General Terms and Conditions (the "Terms") govern the services provided by MD Strategy Group ("we," "our," or "us") to our clients ("you" or "Client"). By engaging our consulting and M&A advisory services, you agree to be bound by these Terms.
1. Services Provided
MD Strategy Group offers the following services:
- Consulting: Strategy development, business development, operational optimisation, and organisational guidance.
- M&A Advisory: Support in mergers, acquisitions, partnerships, and investments, including target identification, deal structuring, negotiation, due diligence, and post-deal integration.
The scope of services will be defined and agreed upon by both parties before work begins, as outlined in the engagement agreement.
2. Engagement and Terms of Agreement
- Engagement Letter: Upon your acceptance, we will enter into an engagement agreement that specifies the scope of services, project timelines, deliverables, and fees.
- Modifications: Any changes or additions to the scope of services must be agreed upon in writing.
3. Fees and Payment
- Consulting Fees: Fees will be quoted on a case-by-case basis or as a fixed price for specific services, depending on the engagement.
- M&A Advisory Fees: Advisory fees will typically consist of a retainer fee paid upfront for services rendered during the process, and a success fee payable upon the successful closing of the transaction.
- Payment Terms: Invoices for consulting services are due 15 days after receipt, unless otherwise agreed. Retainer fees are non-refundable.
- Late Payments: If payment is not made within the specified time, we reserve the right to charge interest on overdue amounts at the maximum rate permitted by law.
4. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information disclosed during the course of the engagement, including but not limited to financial data, business strategies, intellectual property, and client lists. This obligation will remain in effect for a period of 5 years after the conclusion of the engagement.
5. Data Protection
We comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR), regarding the processing and protection of personal data. All personal data shared by you will be used solely for the purposes of the engagement and handled with strict confidentiality.
6. Client Responsibilities
- Cooperation: You agree to provide MD Strategy Group with all necessary information, access to key personnel, and resources required to perform the services.
- Accuracy: You warrant that the information you provide is complete, accurate, and up-to-date to the best of your knowledge.
- Decisions: While we provide strategic advice and recommendations, all final decisions are made by the Client.
7. Intellectual Property
- Ownership: All intellectual property created during the engagement, including but not limited to reports, presentations, and strategies, will remain the property of MD Strategy Group unless otherwise specified.
- Licence: MD Strategy Group grants you a non-exclusive, non-transferable licence to use the deliverables for your internal business purposes only.
8. Limitation of Liability
MD Strategy Group's liability for any claims arising from the engagement shall be limited to the fees paid by the Client for the specific services related to the claim. We shall not be liable for indirect, special, or consequential damages, including but not limited to loss of profits, business interruption, or loss of data.
9. Termination
- Termination by Client: You may terminate the agreement at any time by providing written notice. If you terminate before the completion of the agreed services, you will be liable for any fees for services rendered up to the termination date.
- Termination by MD Strategy Group: We may terminate the agreement if there is a breach of contract, failure to cooperate, or non-payment by the Client.
- Effect of Termination: Upon termination, all fees for services provided up to the date of termination will become due.
10. Governing Law
These Terms and any agreements entered into under them shall be governed by and construed in accordance with the laws of Austria. Any disputes shall be resolved in the courts of Graz.
11. Force Majeure
Neither party shall be held liable for failure to perform under these Terms if such failure is caused by circumstances beyond the party's reasonable control, including but not limited to acts of war, natural disasters, or government action.
12. Dispute Resolution
In the event of a dispute, both parties agree to attempt to resolve the issue amicably through negotiation. If a resolution cannot be reached, the dispute will be resolved through arbitration in accordance with the rules of Vienna International Arbitral Centre (VIAC).
13. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Entire Agreement: These Terms represent the entire understanding between the parties and supersede any previous agreements or discussions.
Contact
MD Strategy GmbH
Mariatrosterstrasse 18/2 · 8043 Graz · Austria
peter@md-sg.com · +43 664 8842 1434