General Terms and Conditions

Version: 22 October 2026

This English version is provided for convenience only. In the event of any discrepancy, the German version shall prevail.

§ 1 Scope, Contractor

  1. These General Terms and Conditions (GTC) apply to all contracts for consulting services, analyses (e.g. Quick Check), workshops, seminars, coaching, team development and comparable services between TeamThink International Business Consulting, owner Weert Jacobsen-Kramer, Oberdorf 1a, 24235 Laboe, Germany (hereinafter the “Contractor”), and its customers (hereinafter the “Client”).
  2. The Contractor’s offers are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. No contracts are concluded with consumers (Section 13 BGB). By placing an order, the Client confirms that it is acting in the exercise of its commercial or independent professional activity.
  3. Deviating, conflicting or supplementary general terms and conditions of the Client, in particular purchasing conditions, shall not become part of the contract, even if the Contractor does not expressly object to them or performs services in knowledge of such terms, unless the Contractor expressly agrees to their application in text form.
  4. Individual agreements made in a specific case take precedence over these GTC.

§ 2 Conclusion of Contract

  1. Individual offer: Where the Contractor submits an individual offer, the contract is concluded upon the Client’s acceptance of that offer in text form (e.g. a signed order confirmation or by e-mail). The Client is free to remove individual services from the offer or to reject the offer in its entirety.
  2. Online order: The presentation of services on teamthink.de does not constitute a binding offer. By submitting an order form, the Client makes a binding offer. An automatically sent acknowledgement of receipt does not constitute acceptance. The contract is concluded only upon the Contractor’s order confirmation by e-mail; the Client’s signature is not required. The Contractor may decline orders without stating reasons, in particular if the conditions for an introductory or new-customer price are not met.
  3. The obligations under Section 312i (1) sentence 1 nos. 1 to 3 and sentence 2 BGB shall not apply.
  4. The Client may access, print and save these GTC on this page at any time. The GTC are also attached to the order confirmation.

§ 3 Services of the Contractor

  1. The nature and scope of the services are set out in the individual offer or, for online orders, in the service description on teamthink.de at the time of the order, as well as in the order confirmation.
  2. The Contractor provides services. It owes the diligent performance of the agreed consulting and analysis services, but not any particular economic result. Analyses, recommendations and proposed solutions serve as a basis for decisions; the decision on their implementation and the implementation itself are the responsibility of the Client.
  3. Dates and place of performance are agreed by mutual consent. The Contractor is free and not subject to instructions with regard to the professional design and methodology of its services.
  4. After consultation with the Client, the Contractor may engage qualified third parties as vicarious agents. It shall ensure that they are bound to confidentiality and data protection.

§ 4 Fees, Expenses, Payment

  1. Fees are based on the individual offer or the price stated for the online order. All prices are net plus statutory VAT.
  2. Exceptional services, in particular the preparation of extensive expert reports, are remunerated separately by prior agreement.
  3. Travel costs and expenses are charged additionally at actual, documented cost. Costs for seminar rooms, conference technology, printing and preparation of materials and team events are borne by the Client.
  4. Fees are invoiced after performance of the respective service and are payable without deduction within 14 days of receipt of the invoice.
  5. For cross-border services, VAT treatment follows the statutory provisions; where the tax liability is transferred to the Client (reverse charge), this is stated on the invoice. The Client shall provide its valid VAT identification number for this purpose.

§ 5 Client’s Duty to Cooperate

  1. The Client shall provide the Contractor with the information and documents required for the services in good time, completely and accurately. This also applies to circumstances that only become known during the engagement.
  2. Where agreed or stated in the service description, the Client shall name a contact person, grant access to the relevant areas, enable interviews with the designated persons and provide suitable rooms and the necessary technical equipment (e.g. flipchart, pin boards, projector) in proper working order.
  3. If the Client fails to cooperate, or fails to do so in time, agreed dates shall be postponed appropriately. Any additional effort resulting from this shall be remunerated separately. The Contractor’s rights under Sections 615 and 642 BGB remain unaffected.

§ 6 Postponement and Cancellation by the Client

  1. The Client may postpone or cancel agreed dates before they begin by declaration in text form (e.g. by e-mail). The date of receipt by the Contractor is decisive.
  2. In the event of cancellation or postponement without agreement on a replacement date, the Contractor may charge the following flat rate, in each case based on the agreed fee for the affected dates:
    a) up to the 15th day before the date: 25%,
    b) from the 14th to the 8th day before the date: 50%,
    c) from the 7th day before the date: 90%.
  3. If, in the case of a postponement up to the 15th day before the date, a replacement date is agreed that takes place within six months, no flat rate is charged. For later postponements with a replacement date, the flat rate under paragraph 2 is credited against the fee for the replacement date.
  4. The Client is entitled to prove that the Contractor has incurred no loss of fees or damage, or a significantly lower one. Non-refundable travel costs already incurred shall be reimbursed in addition.

§ 7 Unavailability of the Contractor

  1. If the Contractor is prevented from carrying out an appointment for reasons beyond its control (e.g. illness, accident, force majeure, strike or failure of means of transport), it shall inform the Client without undue delay. In this case, the parties shall agree on a replacement date.
  2. If no replacement date is agreed within a reasonable period, either party may withdraw from the contract with respect to the affected service; fees already paid for services not rendered will be refunded. Further claims of the Client, in particular for reimbursement of costs for its own staff, premises or travel, exist only in accordance with § 9.

§ 8 Term and Termination

  1. Contracts for a single service (e.g. Quick Check) end upon its complete performance.
  2. Contracts covering several dates or ongoing consulting may be terminated by either party by declaration in text form. § 6 applies accordingly to dates already bindingly agreed.
  3. The right to terminate for good cause remains unaffected.

§ 9 Liability

  1. The Contractor is liable without limitation for intent and gross negligence, for injury to life, body or health, where a guarantee has been given, and in other cases of mandatory statutory liability.
  2. In cases of slight negligence, the Contractor is liable only for breach of a material contractual obligation, i.e. an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the Client may regularly rely. In this case, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded, but in any event to a maximum of EUR 1,000,000 per claim.
  3. Otherwise, liability for slightly negligent breaches of duty is excluded.
  4. The above limitations of liability also apply in favour of the Contractor’s vicarious agents and representatives.
  5. Claims for damages based on slightly negligent breaches of duty, except for injury to life, body or health, become time-barred one year after the start of the statutory limitation period.

§ 10 Confidentiality, References, Documents

  1. The Contractor shall treat as confidential all non-public information about the Client and its business relationships that becomes known to it in connection with its work, unless the Client releases it from this obligation in text form.
  2. The obligation under paragraph 1 does not apply to information that is or becomes publicly known through no fault of the Contractor, that was lawfully disclosed to it by third parties without a duty of confidentiality, or whose disclosure is required by law or by a public authority. Disclosure to advisers bound by professional secrecy (e.g. lawyers, tax advisers) is permitted.
  3. The duty of confidentiality continues for three years after the end of the contract; for trade secrets within the meaning of the German Trade Secrets Act (GeschGehG), it applies for as long as they remain trade secrets.
  4. The Contractor may name the Client as a reference unless the Client objects in text form. The use of logos and the publication of case studies, results or quotations require the Client’s prior consent in text form.
  5. The Contractor shall keep business and operational documents provided to it carefully and protected against access by third parties. It shall return or delete them on request during the term of the contract and without request after its end, unless statutory retention obligations apply.

§ 11 Data Protection

The parties comply with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Where the Contractor processes personal data on behalf of and in accordance with the instructions of the Client, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR in advance. Information on the processing of personal data by the Contractor can be found in the Privacy Policy.

§ 12 Rights of Use

  1. Upon full payment of the fees, the Client receives a non-exclusive right, unlimited in time and territory, to use the work results created for it (e.g. reports, presentations, analyses, seminar materials) for the internal purposes of its company and its affiliated companies (Section 15 of the German Stock Corporation Act, AktG).
  2. Publication of the work results, adaptation for disclosure, or disclosure to third parties requires the Contractor’s prior consent in text form; disclosure to the Client’s advisers who are bound by confidentiality is excepted.
  3. All rights to the Contractor’s methods, tools, templates, concepts and general know-how remain with the Contractor. The Contractor may continue to use general experience gained in the course of its work, provided it does not relate to confidential information of the Client.

§ 13 Final Provisions

  1. Amendments and additions to the contract should be recorded in text form for evidentiary purposes.
  2. Legally relevant declarations and notices in connection with the contract require text form.
  3. The place of payment is the Contractor’s registered place of business.
  4. The law of the Federal Republic of Germany applies.
  5. If the Client is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Contractor’s registered place of business.
  6. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected; in such case the statutory provisions shall apply.