Guiding Principles & Disclaimer
Navigating Our Collaborative Journey
Confidentiality:
Mutual confidentiality is maintained throughout the coaching relationship.
Respect:
Both client and coach treat each other with respect, acknowledging each other’s unique identity and perspectives.
Reliability and Seriousness:
Clients are expected to engage in coaching with reliability and seriousness, recognizing the impact of their commitment on the coaching process.
Flexibility:
The coaching process is adaptable to evolving needs and circumstances.
Open Communication:
Transparent and open communication is encouraged for a collaborative coaching journey.
Client-Centric Approach:
The coaching process is tailored to meet the unique needs and goals of each client.
DISCLAIMER
Disclaimer for Impactful Insights
The content shared in the Impactful Insights section, including blog posts, articles, videos, and other materials, is intended for informational and inspirational purposes only. It does not constitute professional advice or services. The views and opinions expressed are solely those of Judith Kastner and do not necessarily reflect the official policy or position of any other individual, organization, or company.
Judith Kastner assumes no responsibility or liability for any errors or omissions in the content provided. Viewers and readers are encouraged to seek professional advice and conduct their research before making any decisions based on the information shared.
By participating in or accessing the content, you acknowledge and agree to the terms of this disclaimer.
Disclaimer for Impactful Connections Offerings
The content shared in the “Impactful Connection” offerings, including talks, events, seminars, and workshops, is presented for informational, inspirational, and educational purposes. These sessions aim to foster personal and professional growth.
It is important to note that the content does not constitute professional advice or services. Views and opinions expressed by Judith Kastner are her own and may not necessarily represent the official stance of any other individual, organization, or company.
Judith Kastner assumes no responsibility or liability for any errors or omissions in the content provided during Impactful Connection offerings. Attendees and participants are encouraged to seek professional advice and conduct their research before making decisions based on the information shared.
By participating in or accessing the content of Impactful Connection offerings, you acknowledge and agree to the terms of this disclaimer.
Mutual Agreement for Specifics
All further details and specific arrangements will be discussed and mutually agreed upon. The information provided on the website serves as general guidelines and is not legally binding. Individual agreements will be outlined in separate contracts to ensure comprehensive understanding and agreement from both parties. Any deviations or additions to the listed offerings will be discussed and contractually addressed on an individual basis.
Navigating Our Professional Boundaries: A Gentle Reminder
Judith Kastner is committed to providing professional coaching and advisory services; however, she is not liable for any decisions made or actions taken by clients based on the coaching and advisory sessions. Clients are encouraged to seek appropriate professional advice for their specific situations.
Embracing Diversity and Equality . Judith Kastner’s Commitment to Inclusivity
Judith Kastner is dedicated to fostering diversity, inclusion, and gender equality. While utilizing gender-neutral language, the intention is to embrace all individuals, regardless of gender identity. References related to diversity and inclusion aim to promote understanding and respect, with no intention to offend or exclude any individual or group.
Informational Content Disclaimer .
For Inspiration and Reflection
The content provided is for informational and inspirational purposes only and should not be considered professional advice. Judith Kastner does not take responsibility for interpretations or reactions that may be perceived as offensive. Encouraging constructive dialogue and diverse perspectives, viewers and readers are urged to participate responsibly.
By accessing or participating in the content, you acknowledge and agree to the terms of this disclaimer.
AGB
1 GENERAL TERMS AND CONDITIONS / SCOPE
1.1 All legal transactions between the Principal and the Agent (Judith Kastner) shall be subject to these General Terms and Conditions exclusively. The version valid at the time the Contract is concluded shall be applicable.
1.2 These General Terms and Conditions shall also apply to any future contractual relationships even if these General Terms and Conditions are not expressly referred to in collateral contracts.
1.3 Any conflicting General Terms and Conditions on the part of the Principal shall be invalid unless they have been explicitly accepted in writing by the Agent (Judith Kastner).
1.4 If any provision of these General Terms and Conditions is or becomes invalid, the other provisions and any contracts concluded pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.
2 SCOPE OF CONSULTING ASSIGNMENTS / REPRESENTATION
2.1 The scope of each particular consulting assignment shall be individually agreed by contract.
2.2 The Agent (Judith Kastner) shall be entitled to subcontract, in whole or in part, the services for which the Agent is responsible to third parties. Payment of said third parties shall be effected exclusively by the Agent (Judith Kastner). No contractual relationship of any kind shall exist between the Principal and said third party.
2.3 During the validity of this Contract and for a period of three years after termination thereof, the Principal shall agree not to enter into any kind of business transactions with persons or organisations the Agent (Judith Kastner) employs to perform the Agent’s contractual duties. In particular, the Principal shall not employ said persons or organisations to render consulting services the same or similar to those offered by the Agent (Judith Kastner).
3 PRINCIPAL’S OBLIGATION TO PROVIDE INFORMATION / DECLARATION OF COMPLETENESS
3.1 The Principal shall ensure that during the performance of the consulting assignment, organisational conditions in the Principal’s place of business allow the consulting process to proceed in a timely and undisturbed manner.
3.2 The Principal shall also inform the Agent (Judith Kastner) in detail about previously conducted and/or currently active consulting projects, including those in other areas of competency.
3.3 The Principal shall, in a timely manner and without special request on the part of the Agent, provide the Agent (Judith Kastner) with all documents necessary to fulfil and perform the consulting assignment and shall inform the Agent of all activities and conditions pertinent to the performance of the consulting assignment. This includes all documents, activities and conditions that become known or available during the performance of the consulting assignment.
3.4 The Principal shall ensure that all employees as well as any employee representation (works council) provided by law, if established, are informed of the Agent’s consulting activities prior to the commencement of the assignment.
4 MAINTENANCE OF INDEPENDENCE
4.1 The contracting parties shall be committed to mutual loyalty.
4.2 The contracting parties shall be obligated to take all necessary measures to ensure that the independence of all persons working for the Agent (Judith Kastner) and/or of any third parties employed by the Agent is not jeopardized. This applies particularly to any employment offers made by the Principal or the acceptance of assignments on their own account.
5 REPORTING / OBLIGATION TO REPORT
5.1 The Agent (Judith Kastner) shall be obligated to report to the Principal on the progress of services performed by persons working for the Agent and/or any third parties employed by the Agent.
5.2 In case it is agreed to perform a final report, no formal requirements exist. The report therefore can be performed verbally, graphically or in writing, using any kind of media. The Agent (Judith Kastner) shall deliver the final report, if agreed, in a timely manner, i.e. depending on the type of assignment, two to four weeks after completion of the assignment.
5.3 The Agent (Judith Kastner) shall not be bound by directives while performing the agreed service and shall be free to act at the Agent’s discretion and under the Agent’s own responsibility. The Agent shall not be required to work in a particular place or to keep particular working hours.
6 PROTECTION OF INTELLECTUAL PROPERTY
6.1 The Agent (Judith Kastner) shall retain all copyrights to any work done by the Agent and/or by persons working for the Agent and/or by third parties employed by the Agent (including but not limited to tenders, reports, analyses, expert opinions, organization charts, programmes, performance descriptions, drafts, calculations, drawings, data media, etc.). During the contract period and after termination thereof, the Principal may use these materials exclusively for the purposes described under the Contract. Therefore, the Principal shall not be entitled to copy or distribute these materials without the explicit consent of the Agent (Judith Kastner).
6.2 Any violation of this provision by the Principal shall entitle the Agent (Judith Kastner) to prematurely terminate the Contract and to enforce other legal claims, in particular for restraint and/or damages.
7 WARRANTIES
7.1 The Agent (Judith Kastner) shall be entitled and obligated to correct any errors and/or inaccuracies in the Agent’s work which have become known subsequently. The Agent shall immediately inform the Principal thereof.
7.2 This right of the Principal expires six months after completion of the respective service.
8 LIABILITY / DAMAGES
8.1 The Agent (Judith Kastner) shall be liable to the Principal for damages – with the exception of personal injury – only to the extent that these are the result of serious fault (intention or gross negligence). Correspondingly, this also applies to damages resulting from third parties employed by the Agent.
8.2 Any claim for damages on the part of the Principal may only be enforced by law within six months after those entitled to assert a claim have gained knowledge of the damage and the liable party, but not later than three years after the incident upon which the claim is based.
8.3 The Principal shall furnish evidence of the Agent’s fault.
8.4 If the Agent (Judith Kastner) performs the required services with the help of third parties, any warranty claims and claims for damages which arise against the third party shall be passed on to the Principal. In this case, the Principal shall primarily refer to the third party.
9 CONFIDENTIALITY / DATA PROTECTION
9.1 The Agent (Judith Kastner) shall be obligated to maintain complete confidentiality concerning all business matters made known to the Agent in the course of services performed, especially trade and company secrets and any other information concerning type and/or scope of business and/or practical activities of the Principal.
9.2 Furthermore, the Agent (Judith Kastner) shall be obligated to maintain complete confidentiality towards third parties concerning the content of the work completed, as well as any information and conditions that contributed to the completion of the work, particularly concerning data on the Principal’s clients.
9.3 The Agent (Judith Kastner) shall not be obligated to maintain confidentiality towards any person working for the Agent or representatives of the Agent. The Agent is required to obligate such persons to maintain complete confidentiality and shall be liable for any violation of confidentiality on their part in the same way as if the Agent had breached confidentiality.
9.4 The obligation to maintain confidentiality shall persist indefinitely even after termination of this Contract. Exceptions only exist in case of legal statement obligations.
9.5 The Agent (Judith Kastner) shall be entitled to use any personal data entrusted to the Agent for the purposes of the services performed. The Principal shall guarantee the Agent (Judith Kastner) that all necessary measures will be taken, especially those regarding data protection laws, e.g. that declarations of consent are obtained from the persons involved.
10 REMUNERATION
10.1 Depending on the individual agreement between the Agent (Management Consultant) and the Principal, the Agent (Judith Kastner) shall receive remuneration agreed upon in advance or after completion of the services. The Agent (Judith Kastner) shall be entitled to render intermediate accounts and to demand payment on account as required by the progress of the work. Remuneration shall be due and payable immediately after rendering accounts by the Agent, latest within 7 days.
10.2 The Agent (Judith Kastner) shall render accounts which entitle to deduct input tax and contain all elements required by law.
10.3 Any cash expenditures, expenses, travel expenses, etc. shall be reimbursed to the Agent (Judith Kastner) by the Principal separately, upon submission of the appropriate receipts.
10.4 In the event that the work agreed upon is not completed due to reasons on the part of the Principal, or due to a premature termination of contract by the Agent (Judith Kastner) for cause (see point 12), the Agent (Management Consultant) shall be entitled to claim payment in full of the remuneration agreed upon in advance, less expenses not incurred.
10.5 In the event that (intermediate) invoices are not paid, the Agent (Judith Kastner) shall be released from the Agent’s commitment to provide (further) services. This shall not affect any further claims resulting from default of payment.
11 ELECTRONIC INVOICING
11.1 The Agent (Judith Kastner) shall be entitled to transmit invoices electronically. The Principal agrees explicitly to accept invoices transmitted electronically by the Agent (Judith Kastner).
12 DURATION OF THE AGREEMENT
12.1 This Contract terminates with the completion of the consulting services or project.
12.2 Apart from this, this Contract may be terminated for good cause by either party at any time without notice. Grounds for premature termination include the following:
o one party breaches major provisions of the contract
o one party opens insolvency proceedings or the petition for bankruptcy is denied because of
insufficient assets to cover expenses
13 FINAL PROVISIONS
13.1 The contracting parties declare that all information contained herein is accurate and made in good conscience. They shall be mutually obligated to immediately inform the other party of any changes.
13.2 Modifications of and amendments to this Contract or these General Terms and Conditions shall be made in writing. This shall also apply to a waiver of this requirement in written form.
13.3 This Contract is governed by the substantive law of the Republic of Austria excluding the conflict-of- law rules of international private law. Place of fulfilment is the registered business establishment of the Agent (Judith Kastner). Jurisdiction in all disputes is the court in the place where the Agent (Judith Kastner) is based.
13.4 In the event of disputes arising from this contract that cannot be settled amicably, the contracting parties mutually agree to use registered mediators (ZivMediatG) with a focus on economic mediation from the list of the Ministry of Justice (Austria) for the out-of-court settlement of the conflict. If no agreement can be reached on the selection of the business mediators or on the content, legal steps will be initiated at the earliest one month after the failure of the negotiations.
13.5 In the event that mediation does not take place or is canceled, Austrian law applies to any legal proceedings that may be initiated.
13.6 All necessary expenses incurred as a result of previous mediation, in particular those for legal advisors, can be claimed as “pre-litigation costs” in court or arbitration proceedings.
Clarity and trust are the basis for a successful collaboration. Solutions are created together. Connect.