General Terms and Conditions
Import Notice:
The following General Terms and Conditions (GTC) apply exclusively to contracts and business relationships with HebiMed Consulting GmbH (Austria) within the European Union. For all business conducted within the United Kingdom (UK), only the separate GTC of HebiMed Tech Solutions Ltd. apply, which are provided further below on this page.
Scope of application
These General Terms and Conditions (hereinafter referred to as ‘GTC’) apply to the conclusion of contracts with HebiMed Consulting GmbH, FN 608154w, Handelskai 94-96/44.OG, 1200 Vienna (references to ‘us’, ‘we’ or ‘our’ are to be interpreted accordingly).
The services provided by HebiMed Consulting GmbH include online marketing, management consulting, and ongoing customer care. A detailed description of the services provided by HebiMed Consulting GmbH can be found in the respective order letter. Service descriptions on the website do not constitute a warranty or guarantee. In particular, descriptions or information on the website do not constitute any guarantee of success.
By concluding a contract with HebiMed Consulting GmbH, you agree to these terms and conditions. These terms and conditions apply even before the contract is signed if you arrange an initial consultation with HebiMed Consulting GmbH. HebiMed Consulting GmbH does not accept any deviating agreements, ancillary agreements, terms and conditions of purchase or terms and conditions of customers as part of the contract, unless their validity has been expressly agreed to in writing. Actions taken by HebiMed Consulting GmbH to fulfil the contract do not constitute such consent.
The client has the opportunity to arrange an initial meeting via the website before the contract is signed. Initial meetings can be arranged with HebiMed Consulting GmbH according to availability; the client is not entitled to an initial meeting at a specific time. The initial meeting is non-binding and free of charge. Arranging the initial meeting does not establish any entitlement on the part of the client to sign a contract.
Services
HebiMed Consulting GmbH provides consulting and support services for the customer. HebiMed Consulting GmbH evaluates the customer's current situation (sales processes, state of the sales team). The customer's target group is defined together with the customer. The scope of the services to be provided by HebiMed Consulting GmbH is agreed individually with the customer and a campaign is developed in collaboration with the customer.
The following services can be ordered:
- advertising in social media (Facebook/Meta, Instagram, Google, Youtube, TikTok); - management of social media channels; - email marketing; - business consulting services; - access to the e-learning platform; - creation of a landing page; - creation of advertisements; - ongoing optimisation and monitoring of the campaign; - regular feedback on sales processes.
HebiMed Consulting GmbH is free to choose the place of performance and the organisation of working hours. However, HebiMed Consulting GmbH will coordinate with the client regarding the organisation of working hours if necessary (e.g. to be able to react to traffic volumes).
Term and termination
The term begins on the date specified in the contract and is initially three months (minimum term). If no date is specified in the contract, the term begins with the signing by both parties. The contract can be terminated by giving one month's notice to the end of the month. Notices of termination must be sent in writing by post or email to HebiMed Consulting GmbH. If no notice of termination is given, the contract is automatically extended by a further three months after the (minimum) term has expired.
HebiMed Consulting GmbH has the right to terminate the contract for good cause. A violation of these terms and conditions by the customer or a violation of the customer's obligation to cooperate as required for the provision of services constitutes good cause within the meaning of this provision.
Should HebiMed Consulting GmbH terminate the contract for good cause or due to a lack of cooperation on the part of the customer, the customer shall not be entitled to a refund of fees already paid. The customer shall in this case additionally bear all damages, costs and loss of profit incurred by HebiMed Consulting GmbH.
Rights and obligations of the customer
The customer is obliged to cooperate to the extent necessary for HebiMed Consulting GmbH to provide its services. This duty of cooperation applies for the entire duration of the contractual relationship, in particular with regard to the evaluation of the current situation in the customer's company and the definition of the customer's objectives. The customer will provide HebiMed Consulting GmbH with all the necessary information and documents without being asked, as well as allowing access to its business premises to the extent necessary. If the customer does not fulfil its duty to cooperate, the customer shall have no claims against HebiMed Consulting GmbH if services cannot be provided due to the lack of cooperation. If the provision of services is prevented for reasons attributable to the customer, HebiMed Consulting GmbH's claim for payment of the fee remains in full. Section 1168 (1) second clause of the Austrian Civil Code (ABGB) is excluded.
Social media channels: The customer will provide HebiMed Consulting GmbH with the necessary passwords for the respective social media channel and allows the use of the passwords for the fulfilment of the contract.
Meta Business Manager (‘Business Manager’): If advertising services on Meta (Facebook) are part of the service, the client is obliged to grant HebiMed Consulting GmbH unrestricted access to the client's Facebook Business Manager so that HebiMed Consulting GmbH can provide the services. The customer grants HebiMed Consulting GmbH the right to remove inactive agencies and freelancers from the customer's Business Manager that the customer has worked with in the past. At the end of the contract period, HebiMed Consulting GmbH will delete all content and settings that HebiMed Consulting GmbH has created (in particular the campaign created by HebiMed Consulting GmbH in the ad manager) from the customer's Business Manager. General settings in the Business Manager or the customer's performance data are not affected. The customer agrees to grant HebiMed Consulting GmbH access to his Facebook Business Manager account until HebiMed Consulting GmbH itself has been able to remove the aforementioned content and settings.
Landing page and advertisements (‘online content’): All rights to the online content created by HebiMed Consulting GmbH remain with HebiMed Consulting GmbH. The online content is provided to the customer for use during the term of the contract; the customer is not granted any further rights. All rights of use by the customer also end at the end of the contract term. The customer is not entitled to continue to use the online content in any way whatsoever after the end of the contract. In particular, the customer is prohibited from continuing to use online content under a different domain after the end of the contract. In the event of a breach of this provision, the customer shall be obliged to pay a penalty in the amount of one annual agency fee (monthly fee multiplied by twelve). The penalty shall be due for each unauthorised use of online content within the meaning of this provision.
E-learning platform: The customer is granted the non-exclusive right to use the platform for the duration of the contract. The customer is obliged to keep his access data for the e-learning platform secret and not to pass it on to third parties. The client is obliged to transfer the duty of confidentiality of the access data to its employees and is liable for any violations of this obligation by its employees. Unauthorised disclosure of the access data entitles HebiMed Consulting GmbH to immediately terminate the right of use and to exclude the client from the e-learning platform and to demand the penalty according to point 7.3.
The client is obligated not to commission any other company to provide advertising services for the same topic, product, service, etc. that is the subject of the contract concluded with HebiMed Consulting GmbH during the term of the contract.
Intellectual property and third-party rights
HebiMed Consulting GmbH is the author and owner of all exclusive rights of exploitation of the content created for the client (including, but not limited to, campaigns, reports, analyses, photos, graphical representations, service descriptions, drafts, presentations, documents, project outlines, online content, etc.). The client may use this content only to the extent contractually agreed, for the purpose of the contract, and only for the duration of the contract. Unless otherwise specified in the contract or in these terms and conditions, the customer is not entitled to reproduce, distribute, edit or otherwise exploit the content or to transfer the rights granted to him or her or to grant sub-licences without the express consent of HebiMed Consulting GmbH.
Access to the HebiMed Consulting GmbH web application can be agreed as part of the contractual service. HebiMed Consulting GmbH is the author and owner of all exclusive rights of exploitation of the web application. All rights to the web application remain with HebiMed Consulting GmbH. If the use of the web application is part of the contractually agreed service, the customer is granted the non-exclusive, non-transferable right to use the web application for the duration and purpose of the contract.
The customer guarantees that all data, representations, photos, details and other information provided by him are free of rights of third parties and cannot give rise to any claims by third parties against the user. The client will support HebiMed Consulting GmbH in defending against any third-party claims and will indemnify HebiMed Consulting GmbH upon first request from all related claims of the third party. The client will compensate HebiMed Consulting GmbH for any damages incurred due to the asserted claim, including any court and legal fees incurred for the legal defence.
Fee and payment terms
The price stated in the contract applies for the minimum term. HebiMed Consulting GmbH reserves the right to adjust the fee in the event of an extension of the contract. The customer will be notified of any change in the fee in good time before the contract is extended. In the event of an adjustment/extension of the contract during the term (e.g. extension of the contract to include a product or an additional topic), HebiMed Consulting GmbH also reserves the right to adjust the fee.
Prices are in the specified currency excluding VAT. If taxes, fees or levies become due as a result of the conclusion or execution of the contract, these shall be borne by the customer. Any cash expenditures, expenses, travel costs, etc. shall be reimbursed by the customer to HebiMed Consulting GmbH upon presentation of receipts.
Invoiced amounts are payable immediately, unless otherwise agreed in the contract. In the event of late payment, default interest will be charged in accordance with § 456 of the Austrian Commercial Code (UGB).
The client is not entitled to offset any payments due to HebiMed Consulting unless the counterclaim has been legally established by a court of law or has been recognised by HebiMed Consulting.
Confidentiality
The customer is obliged to treat all business and trade secrets, all data, documents, knowledge and information, access data and all know-how (‘confidential information’) of HebiMed Consulting GmbH with absolute confidentiality at all times, not to make it accessible to third parties and to protect it from access by third parties. Confidential information includes all statements, knowledge, data and documents that are expressly designated as confidential by HebiMed Consulting GmbH or that are by nature worthy of protection. These provisions apply both during and after the termination of the contract, as long as the confidential information has not become generally known or easily accessible and this is not due to a breach of duty by the client. The client may only use confidential information within the scope of the contract concluded with HebiMed Consulting GmbH.
The client shall also impose the above-mentioned confidentiality obligations on its employees.
In the event of a breach of these confidentiality obligations, the client shall be obliged to pay a penalty of EUR 6,000 for each breach, regardless of fault.
Force majeure
If HebiMed Consulting GmbH is unable to provide the service due to force majeure, industrial disputes, natural disasters, pandemics, political conflicts or other circumstances beyond its control, HebiMed Consulting GmbH is released from its obligation to provide the service or is entitled to resume providing the service within a reasonable period of time after the obstacle has ceased to exist.
Liability and warranty
HebiMed Consulting GmbH is only liable for direct damages that can be proven to have been caused by gross negligence or intent. This also applies to damages caused by third parties contracted by HebiMed Consulting GmbH. Liability for slight negligence and indirect or consequential damages – such as lost profits, costs associated with business interruption, data loss or third-party claims – is excluded to the greatest extent possible. In particular, HebiMed Consulting GmbH does not guarantee that features provided by third parties (e.g. a customer's Facebook page, customer's business manager, customer's advertising accounts) will be available without restriction throughout the entire term of the contract. If features are blocked or restricted by third parties, HebiMed Consulting GmbH shall not be liable. HebiMed Consulting GmbH is not liable to the customer for the generation of a certain number of new customer inquiries, an increase in the sales quota, or an increase in the number of contracts concluded.
In the event of disruption or restriction of the functionality of the online content or e-learning platform created by HebiMed Consulting GmbH, the customer has no right to a waiver or reduction of the fee for the affected period if the disruption or restriction of functionality was only of short duration.
Claims for damages shall become time-barred in accordance with the statutory provisions, but no later than 6 (six) months after knowledge of the damage and the party causing the damage.
The above limitations and exclusions of liability shall apply to all claims for damages, regardless of the legal basis, in particular to pre-contractual and ancillary claims, and to liability for damages not caused to a product itself, as well as to direct and indirect damages (e.g. frustrated expenses, lost profits, expected savings, damage or loss of data). Mandatory statutory liability under the Product Liability Act and liability for personal injury remain unaffected.
Notices
Unless otherwise provided in these GTC, all notices and other communications in connection with a contractual relationship may be sent by post with sufficient postage to the address provided in point 1.1 or by email to t.suleiman@hebimed.com.
The customer is obliged to provide notification of any changes to their business address as long as a valid contractual relationship exists. If notification is not provided, declarations shall be deemed to have been received if they are sent to the last address provided to HebiMed Consulting GmbH.
Data protection
HebiMed Consulting GmbH processes personal data of the customer only to the extent permitted by law and secures this data against unauthorised access. The conditions of the data protection declaration (available at https://hebimed.com/privacy-policy) apply.
Miscellaneous
Should any individual provisions or parts of these GTC or a provision within the framework of any other agreement be or become invalid, the validity and applicability of the remaining provisions shall not be affected. In the event of the legal ineffectiveness of a provision of these GTC or any other contractual provision, it shall be deemed to be replaced by a provision that most closely approximates the content of the legally ineffective provision.
Final provisions
Should a party temporarily waive or refrain from enforcing its rights under these GTC, or should it grant the other party time limits, these rights of the party shall nevertheless remain unaffected. A waiver of the prosecution of a violation of the General Terms and Conditions cannot be interpreted as a waiver of the prosecution of subsequent violations.
These GTC and all contracts concluded on the basis of them shall be governed by the laws of the Republic of Austria, excluding its conflict of law rules and the provisions of the UN Sales Convention. The exclusive jurisdiction of the courts in Vienna that are factually competent is agreed for the resolution of all disputes arising from a contract.
Applicable exclusively to business transactions within the United Kingdom.
1. Scope of Application
These General Terms and Conditions (GTC) apply to all contracts and business relationships with **HebiMed Consulting Ltd., 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom (referred to hereinafter as “we”, “us” or “our”). These terms apply exclusively to all services and sales conducted within the United Kingdom.
By entering into a contract with us, you accept these terms and conditions. They also apply to initial consultations and any preliminary communication prior to the formal conclusion of a contract. Deviating terms or conditions require our express written confirmation to be valid.
2. Services
We specialise in the development, production and distribution of innovative therapeutic and aesthetic devices – such as pelvic floor chairs, EMS-based body contouring systems and regenerative back therapy devices – as well as strategic business consulting, product implementation, training and marketing services.
A precise service description is provided with each order confirmation. Website content is for informational purposes only and does not constitute a warranty of success or performance.
3. Term and Termination
Unless otherwise agreed, contracts run for an initial minimum term of three (3) months. Termination is possible with one month’s notice to the end of a month. Without such notice, the contract is automatically extended for a further three months.
We reserve the right to terminate the contract immediately for good cause, including but not limited to breach of contract or lack of cooperation. In such cases, any payments made are non-refundable.
4. Customer Obligations
The client is required to support the delivery of services by providing necessary information, assets (e.g. platform access), and timely feedback. Lack of cooperation does not release the client from payment obligations.
All digital assets, training materials and advertising created by HebiMed remain our intellectual property. Their use is limited to the duration and scope of the agreed contract. Any unauthorised use post-contract may result in a penalty equal to twelve months' service fees.
5. Pricing and Payment Terms
All prices are net amounts and exclusive of VAT. Invoices are payable immediately unless otherwise agreed. Late payments may incur statutory interest charges. Additional costs (e.g. logistics, material, travel) may be invoiced separately.
Offsets against claims are only valid if legally binding or accepted by us in writing.
6. Confidentiality
Clients must treat all information, materials and business-related insights provided by HebiMed Consulting Ltd. as strictly confidential. This obligation applies during and after the contract. Breaches may result in penalties of £5,000 per incident.
7. Limitation of Liability
We accept liability only for damages caused by gross negligence or intentional misconduct. Liability for indirect or consequential damages, including lost profits or third-party disruptions (e.g. ad platform restrictions), is excluded to the extent permitted by UK law.
8. Force Majeure
In cases of force majeure, HebiMed Tech Solutions Ltd. is released from its service obligations for the duration of the disruption.
9. Jurisdiction and Governing Law
These GTC and all related agreements are subject to the laws of England and Wales. The competent courts in London shall have exclusive jurisdiction.
10. Final Provisions
Should any provision of these GTC be or become invalid, the remaining provisions shall remain unaffected. The invalid clause shall be replaced by one that comes closest in purpose to the original.