General Terms and Conditions for Business Customers
§ 1 Scope, subject matter of the contract
- Our general terms and conditions apply to all measures offered by the contractor in accordance with the contract concluded with the client.
- The contractor carries out advice, seminars, workshops, coaching, team development or incentives for the training and further education of employees for the client.
The client hereby gives the contractor the order to work for him in the future as agreed.
§ 2 Services of the contractor
- The contractor provides its services on the basis of concepts agreed with the contractual partner. The contracting parties mutually agree on the type and scope of the provision of services by means of an order confirmation signed by the client for the respective current offer of the contractor. In the offer of the contractor, the concept of the respective event must be described and the time required for planning and implementation must be stated.
- The client is free to delete individual events from the contractor’s offer or to reject the contractor’s offer altogether.
§ 3 Remuneration
- The client pays the contractor a flat fee for each consultation day. The fee is based on the specific agreement.
- Exceptional consulting services, in particular the preparation of extensive reports, will be remunerated separately by prior agreement between the parties.
- The fee is due within 14 days after the event has been held and the invoice has been issued.
- Accruing hotel and travel costs, costs for seminar rooms, conference technology, printing and packaging costs for seminar documents and costs for team events are covered by the client.
- In the case of services that are carried out for companies outside the EU, the invoice is subject to the fact that the tax liability is transferred to the recipient of the service.
§ 4 Period and place of service
The contractor freely determines the start of the preparation of a consultation / event, as well as the time, place and duration of the implementation of a consultation / event.
§ 5 Duration of contract, Termination
The contract comes into force upon receipt of the order confirmation signed by the customer and can be terminated by the contracting parties at any time by means of a written declaration. The receipt of the declaration by the contractor is decisive. For events that were commissioned before the time of termination, the contract continues to apply until implementation.
§ 6 Cancellation Policy
- The client can cancel orders for the implementation of events at any time before the start of the event by means of a written declaration. The date of receipt of the declaration by the contractor is decisive.
- In the event that the order is canceled by the client, the contractor has a flat-rate claim for damages against the client in the following amount: a) with order confirmation of the offer by the client: 50% of the total fee b) from the 30th to the 21st day before the event: 75% of the total fee c) from the 20th to the day before the event: 100% of the total fee.
§ 7 Liability
The full liability of the contractor for breaches of contractual obligations as well as for tort is limited to intent and gross negligence. This does not apply to injury to life, limb and health, claims due to the breach of cardinal obligations, i.e. obligations that arise from the nature of the contract and which, if breached, endanger the achievement of the purpose of the contract, as well as compensation for damage caused by delay (§ 286 BGB). In this respect, we are liable for every degree of fault.
The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents.
Insofar as liability for damage that is not based on injury to life, body and health of the participant is not excluded for slight negligence, such claims expire within one year, starting with the occurrence of the claim.
§ 8 Use of media
- The client hands over media / devices to the contractor in a technically perfect condition.
- The client provides the technical equipment and consumables necessary to carry out the seminar. Depending on requirements, this includes flipchart, MetaPlan walls (pin walls), beamer with projection surface, video camera.
§ 9 Client’s obligation to cooperate
The client must ensure that the contractor is provided with the necessary documents and precise information in good time. This also applies to documents, processes and circumstances that only become known during the work of the contractor.
§ 10 Confidentiality, data protection
- The contractor is obliged to maintain silence about all information that becomes known to him in connection with his work for the client, regardless of whether it is about the client himself or his business connections, unless the client has given him written notice Confidentiality releases.
- The contractor is only authorized to process or have processed personal data entrusted to him in the course of his work with prior express written consent. If third parties are involved, the contractor must ensure their confidentiality obligation.
- The contractor’s obligation to maintain secrecy applies for two years after the termination of this contract.
§ 11 Storage and return of documents
The contractor undertakes to properly store all business and operating documents made available to him, in particular to ensure that third parties cannot inspect them. The documents made available are to be returned to the contractual partner upon request for the duration of the contract and after termination of the contract without being asked.
§ 12 Copyrights
All contractual know-how that is brought into the training remains in the exclusive use of the author. The client may use the know-how generated during the training free of charge.
§ 13 Final provisions
- Changes and additions to this contract, including this clause, must be made in writing to be effective.
- Verbal collateral agreements do not exist.
- Unless otherwise specified in the contract, the place of performance and payment is the contractor’s place of business.
- This contract is governed by the law of the Federal Republic of Germany.
- The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court responsible for the contractor’s place of business.
- Legally relevant declarations and notifications that the client has to submit to us or via a third party must be made in writing.