General Terms and Conditions

Version: 24 October 2026

This is an English translation of our German Allgemeine Geschäftsbedingungen. In the event of any discrepancy, the German version shall prevail.

§ 1 Scope

  1. These General Terms and Conditions (GTC) apply to all contracts for consulting, analyses, workshops, seminars, talks, coaching and team development 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 services are aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. No contracts are concluded with consumers. By accepting the offer, the Client confirms that it is acting in the exercise of its commercial or independent professional activity.
  3. Deviating or supplementary terms and conditions of the Client, in particular purchasing terms, do not become part of the contract, even if the Contractor does not expressly object to them or performs services in the knowledge of them, unless the Contractor agrees to their validity in text form.
  4. Individual agreements made in a specific case take precedence over these GTC. For larger projects, the parties conclude a consulting agreement. In the event of conflict, the following order of precedence applies: (1) consulting agreement including its annexes, (2) non-disclosure agreement, (3) accepted offer or order confirmation, (4) these GTC. Where there is no consulting agreement, the remaining documents apply in this order.

§ 2 Conclusion of contract and services

  1. Information on teamthink.de, in presentations and in conversations is non-binding and does not constitute an offer. Booking a meeting via the website does not create any obligation to perform services or to pay.
  2. The Contractor provides its services on the basis of concepts agreed jointly with the Client. For this purpose, it prepares an individual offer in text form describing the content, the scope in consulting days and the remuneration. The Contractor is bound by the offer for four weeks unless the offer states a different period.
  3. The contract is concluded by an order confirmation signed by the Client, by acceptance of the offer in text form (e.g. by email or by a purchase order referring to the offer) or by signing a consulting agreement. An acceptance that deviates from the offer is deemed a new offer. The Client may remove individual services from the offer or reject the offer in its entirety.
  4. The Contractor provides services. It owes the careful performance of the agreed consulting and analysis services, not a specific economic result. Analyses and recommendations are a basis for decisions; the Client decides on their implementation on its own responsibility.
  5. These GTC are attached to the offer and are available at teamthink.de/en/general-terms-and-conditions/.

§ 3 Consulting days

  1. The scope of services is agreed in consulting days. One consulting day comprises up to eight hours of consulting services on site or remotely.
  2. Preparation and follow-up as well as travel time are not included in the consulting day. They are charged separately where this has been agreed in the offer.
  3. Where consulting days are only partly used, they are invoiced in half consulting days unless the offer provides otherwise.

§ 4 Deployment of consultants from the network

  1. The Contractor may have services performed in whole or in part by qualified colleagues from its consultant network. They are named in the offer or agreed with the Client before they are deployed. The Client may object to the deployment of a specific person for good cause.
  2. The Contractor remains the Client’s sole contracting party and is liable for the persons deployed as for its own fault.
  3. Before their deployment, the Contractor contractually obliges the persons deployed to confidentiality at least to the extent of § 12 and to comply with data protection law.
  4. The persons deployed are subject exclusively to the Contractor’s instructions. No temporary agency work takes place.

§ 5 Remuneration, expenses, payment

  1. The Client pays a flat fee per consulting day or a fixed price in accordance with the accepted offer. All prices are net, plus statutory VAT.
  2. Exceptional services, in particular the preparation of extensive expert reports, are remunerated separately following prior agreement.
  3. Travel and hotel costs are borne by the Client, either as a lump sum or at documented cost as set out in the offer. Costs for seminar rooms, conference technology, printing and assembly of materials and for team events are borne by the Client.
  4. The fee is invoiced after performance; for services extending over more than one calendar month, it is invoiced monthly according to the consulting days performed. It is payable without deduction within 14 days of receipt of the invoice unless the offer states a different payment term. The Client provides the details required for invoicing (e.g. purchase order number).
  5. The VAT treatment of cross-border services is governed by the statutory provisions. Where the tax liability passes to the Client or the service is not taxable in Germany, this is stated on the invoice. For this purpose, the Client provides its VAT identification number or other proof of business status.

§ 6 Dates and place

Dates and place of performance are agreed by mutual consent. The Contractor is free and not bound by instructions in the professional design and methodology of its services.

§ 7 Client’s cooperation

  1. The Client provides 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 work.
  2. The Client grants access to the relevant areas, enables conversations with the intended persons and provides suitable rooms and the required equipment (e.g. flipchart, pin boards, projector) in perfect condition.
  3. If the Client fails to fulfil its obligations to cooperate, or fails to do so in good time, agreed dates are postponed accordingly. Any additional effort resulting from this is remunerated separately. The Contractor’s rights under §§ 615, 642 BGB remain unaffected.

§ 8 Postponement and cancellation by the Client

  1. The Client may postpone or cancel agreed consulting days before they begin by notice in text form. Receipt of the notice 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 fee, in each case based on the fee for the consulting days concerned:
    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 event of a postponement up to the 15th day before the date, a replacement date is agreed that takes place within six months, no flat fee is charged. For later postponements with a replacement date, the flat fee is credited against the fee for the replacement date.
  4. The Client may prove that the Contractor has incurred no loss or a substantially lower loss. Travel costs already incurred that cannot be refunded must be reimbursed in addition.
  5. Deviating provisions in the offer or consulting agreement take precedence.

§ 9 Contractor unable to perform

  1. If the Contractor is prevented from carrying out a date for reasons for which it is not responsible (e.g. illness, accident, force majeure, strike or failure of transport), it informs the Client without delay. The parties agree a replacement date. Alternatively, with the Client’s consent, the Contractor may deploy an equally qualified person from its network.
  2. If no replacement date is agreed within a reasonable period, either party may withdraw from the contract with regard to the service concerned. Fees already paid for services not performed are refunded. Further claims of the Client exist only in accordance with § 11.

§ 10 Term and termination

  1. Contracts for a single service end when that service has been performed in full.
  2. Contracts for several consulting days or for ongoing consulting may be terminated by either party by notice in text form; receipt is decisive. § 8 applies accordingly to consulting days already bindingly agreed.
  3. The right to extraordinary termination for good cause remains unaffected.

§ 11 Liability

  1. The Contractor has unlimited liability 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. For slight negligence, the Contractor is liable only for breach of a material contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Client may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded, but to no more than 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, including the persons deployed under § 4.
  5. Claims for damages due to slightly negligent breaches of duty, except in the case of injury to life, body or health, become time-barred one year after the statutory start of the limitation period.

§ 12 Confidentiality, references, data protection

  1. The Contractor treats 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. The Contractor obliges the persons deployed under § 4 accordingly.
  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 an obligation 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 obligation of confidentiality continues for three years after the end of the contract; for trade secrets within the meaning of the German Trade Secrets Act, it continues for as long as they remain trade secrets. Where the parties have concluded a separate non-disclosure agreement, it takes precedence over paragraphs 1 to 3.
  4. Naming the Client as a reference, using its logos and publishing case studies, results or quotes each require the Client’s prior consent in text form. An anonymised presentation that does not allow the Client to be identified is permitted.
  5. The parties comply with the applicable data protection law, in particular the GDPR and the German Federal Data Protection Act (BDSG). Where the Contractor processes personal data on behalf of and on the instructions of the Client, the parties conclude a data processing agreement under Art. 28 GDPR in advance. Where persons deployed under § 4 receive personal data of the Client, the Contractor ensures that the required agreements are in place. Information on the processing of personal data can be found in the privacy policy.

§ 13 Documents

  1. The Contractor keeps business and operational documents provided to it carefully and protected against access by third parties.
  2. It returns them on request during the term of the contract and without being asked after the end of the contract, or deletes them, unless statutory retention obligations apply.

§ 14 Rights of use

  1. Upon full payment of the remuneration, 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 internal purposes of its company and its affiliated companies (§ 15 of the German Stock Corporation Act, AktG).
  2. Publication, adaptation for disclosure or disclosure of the work results to third parties requires the Contractor’s prior consent in text form; disclosure to advisers of the Client 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 that has no connection to confidential information of the Client.

§ 15 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 must be made in text form.
  3. The place of performance and payment is the Contractor’s registered place of business unless the contract provides otherwise.
  4. The law of the Federal Republic of Germany applies.
  5. If the Client is a merchant, 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. The contract language is German. Where an English version of these GTC is used, the German version prevails in the event of any discrepancy.
  7. Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected; the statutory provisions apply instead.