General Terms & Conditions

1. Scope, Applicable Law, Jurisdiction and Place of Performance

1.1 The General Terms and Conditions of ERVICo e.U. form an integral part of every contractual agreement between ERVICo and any third party, regardless of whether such agreements are concluded in writing or in any other form. Deviating terms and conditions of a contractual partner shall only apply if expressly agreed in writing. In the absence of such agreement, these GTC shall apply exclusively.

1.2 All disputes arising out of or in connection with these GTC, as well as contracts governed by these GTC (including disputes concerning their validity), shall be governed by Austrian law, excluding its conflict-of-law rules. The place of performance and exclusive jurisdiction shall be Vienna, Austria.

2. Prices

2.1 Unless explicitly stated otherwise, all prices are quoted net in EURO (excluding VAT).

2.2 Offers made by ERVICo relate exclusively to services to be provided by ERVICo. Prices stated therein do not include any third-party costs (e.g., authorities, external providers), even if such costs are necessary to achieve the contractual migration objective.

Unless otherwise agreed, any expenses incurred by ERVICo vis-à-vis third parties shall be reimbursed by the contractual partner immediately upon presentation of supporting invoices. Alternatively, ERVICo is entitled to request advance payments (deposits) for such expenses and will provide proof of expenditure after execution.

2.3 Services not explicitly included in an offer, but necessary to achieve the agreed objective, require a separate agreement. In the absence of such agreement, such services shall be remunerated on a time-and-material basis.

For the year 2026, ERVICo charges an hourly rate of EUR 180 net for services outside agreed packages (subject to index adjustment pursuant to clause 2.4).

2.4 In the case of indefinite contractual relationships or contract periods exceeding one year, ERVICo is entitled to adjust prices if the Consumer Price Index (CPI 2025) published by Statistics Austria increases by more than 5% between contract conclusion and service delivery. The hourly rate stated in clause 2.3 shall be adjusted in accordance with the change in CPI compared to January 2025. The applicable reference is the CPI value for the month in which the service is performed.

3. Payment Terms

3.1 Following initial consultation and acceptance of the agreed service package, ERVICo shall invoice 25% of the total contract value, payable immediately.

A further 25% becomes due upon activation of the customer service portal (for preparation of official submissions and tracking), but will be invoiced only upon submission to the authorities.

If the client terminates the process prior to submission (for any reason), the corresponding amount remains payable.

If termination occurs after submission, the full contract amount remains payable.

The remaining balance is due upon full and successful completion of the agreed services.

Payment term: 14 days net.

3.2 Payments shall be made exclusively by bank transfer. In exceptional cases, payment by credit card may be agreed, subject to a surcharge (currently 4% in 2026).

3.3 The initial 2 × 25% payments are non-refundable and independent of any outcome. The remaining amount shall only be charged in the event of success, unless failure is caused by the contractual partner through avoidable error, negligence, or intent (see clauses 5.3 and 5.4).

In case of failure not attributable to the contractual partner, ERVICo shall invoice only services rendered on an hourly basis (EUR 180 net, subject to CPI adjustment).

3.4 In case of late payment, ERVICo is entitled to charge default interest of 12% p.a. as well as all associated costs, including collection fees, reminder fees (EUR 20 plus VAT per reminder), and legal enforcement costs.

All prices are exclusive of 20% VAT.

3.5 In the event of proven insolvency of the contractual partner, ERVICo is entitled to declare all outstanding payments for services already rendered immediately due.

If payment is not made without delay, ERVICo may withdraw from the contract with immediate effect.

Even if payment is made, ERVICo may require advance payment for any remaining services.

4. Obligations of the Contractual Partner

The contractual partner shall:

• Provide all required information and documents in a timely manner (e.g., ID copies, completed forms, original documents if required)
• Immediately notify ERVICo of any relevant changes (e.g., address, name, employer, company details, legal form, identification numbers)
• Inform ERVICo of extended stays abroad (home country or Austria) before obtaining permanent residence
• Promptly forward any correspondence received directly from Austrian authorities
• Ensure honesty and transparency in all provided information
• Be responsible for the accuracy and completeness of all submitted applications
• Arrange notarization of documents where required

ERVICo assumes no liability for incorrect, incomplete, or illegible information.

Violation of these obligations entitles ERVICo to:

• Invoice services rendered on an hourly basis (EUR 180 net), and
• Withdraw from the contract with immediate effect

5. Amendments and Termination

5.1 Any amendments to contracts must be made in writing.

5.2 In case of cancellation, interruption, or partial termination by the contractual partner, ERVICo is entitled to retain any payments already made.

Additionally, ERVICo may invoice services rendered at EUR 180 net/hour plus a 20% modification fee, as well as third-party costs.

5.3 If the contractual partner fails to provide necessary information despite reminder and reasonable grace period, ERVICo may:

• Invoice services rendered (EUR 180 net/hour + 20% fee), immediately due
• Withdraw from the contract

A period of 6 months without communication shall be deemed equivalent to such failure.

5.4 If false information or forged documents are provided, ERVICo may terminate the contract immediately and invoice the full outstanding amount. ERVICo is released from any further obligations.

6. Third Parties

Where ERVICo assists in initiating contracts with third parties (e.g., real estate agents, logistics providers, utilities, telecom providers, legal advisors, banks, insurers), ERVICo does not enter into such contracts on behalf of the client.

All agreements must be concluded directly by the contractual partner.

ERVICo assumes no liability for third-party services unless explicitly agreed in writing.

7. Liability

ERVICo shall not be liable for slight negligence. Liability is limited to the amount of the agreed fee.

Claims must be asserted within:

• 6 months (for entrepreneurs under Austrian Consumer Protection Act), or
• 12 months (for non-entrepreneurs)

from knowledge of the damage, and no later than 5 years from the damaging event.

ERVICo shall not be liable for:

• Loss of documents by postal or courier services
• Rejection of applications by authorities (unless due to gross negligence by ERVICo)
• Force majeure

Due to the discretionary authority of immigration authorities, no guarantee of success can be given.

8. Severability Clause

If any provision of these GTC is invalid, the validity of the remaining provisions shall remain unaffected.

The parties shall replace the invalid provision with one that most closely reflects its intended economic purpose.

9. Confidentiality

Both parties agree to keep all contractual content and related documents confidential, unless disclosure is necessary for the provision of services (e.g., to authorities).

10. Final Provisions

Any side agreements or amendments must be made in writing.

The German and English versions of these GTC are equivalent to the best of the parties’ knowledge.

In case of doubt, only the German version shall be legally binding.