VALID FROM 01/01/2014
§ 1 Scope of action
(1) Our General Terms and Conditions (GTC) apply to all business transactions with our customers, hereinafter referred to as the Client. The GTC are automatically accepted by the client by placing an order. They are valid for the duration of the business relationship.
§ 2 Placing of order, performance
(1) The basis of the business relationship is the respective consultancy contract or the written order from the client to us, in which the scope of services and the remuneration are recorded.
(2) With an order confirmation from us to the client, the order is considered accepted and the consultancy contract is deemed to have been concluded.
(3) Updates and amendments to offers and orders shall be laid down in writing by both parties and shall form part of the contractual relationship between us and the client as a supplementary agreement.
§ 3 Prices
(1) Prices are calculated according to our fee table or are offered separately. All prices are net prices and do not include the applicable statutory value added tax.
(2) All services provided by us which are not expressly stated as agreed in the price are additional services which are invoiced separately.
(3) Travel times, travel expenses and accommodation costs are charged according to time and effort and depending on the place of employment of our employee.
§ 4 Invoices, payment, due date
(1) Billing shall be based on time spent reported on a list of working hours enclosed with the invoice. If the client does not object in writing to the specification made in the list within two weeks, the invoice will be sent to the client.
(2) Services and ancillary services will be invoiced monthly in accordance with the prices and conditions agreed in each case.
(3) Unless otherwise agreed, invoices will be sent electronically as PDF documents.
(4) Payments are due 14 days after invoicing. Discounts are not granted.
(5) The customer shall be in default even without a reminder from us if he does not make payment within 14 days of the due date and receipt of the invoice. In this case we are entitled to demand interest on arrears at the statutory rate.
§ 5 Duty of the customer to cooperate
(1) The customer shall provide us with all documents, information and materials necessary for the execution of the order, or shall ensure appropriate access to his resources (e.g. employees or access to the IT system both on-site and remotely via remote data transmission), insofar as this is necessary or stipulated by the order.
§ 6 Confidentiality Clause
(1) We are obliged to maintain secrecy about all operational, business, and private matters that have come to our knowledge in the course of our consulting activities. This obligation to maintain secrecy applies to the same extent to our vicarious agents. The obligation of secrecy shall also apply after termination of the contract and can only be lifted in writing by the client himself. In addition, we are obliged to keep the documents provided for the purpose of the consulting activity carefully and to protect them against inspection by third parties.
§ 7 Limitation of liability
(1) We assume no liability for any damage caused by force majeure (e.g. power failures, natural events, or traffic disruptions), network and server errors, line and transmission disruptions, viruses or disruption of the postal service. The client is responsible for the final verification of all transmitted or sent data.
(2) We also assume no liability for damage to the client’s hardware and software caused by the unknowing transmission of documents by e-mail that have been infected by a virus.
(3) We are obliged to carry out the work assigned to us with professional and commercial care to the best of our knowledge. Nevertheless, we are not liable if the success of a measure proposed by us falls short of the client’s expectations.
(4) We are not liable for damages and consequential damages if the client himself or a third party has altered or falsified the materials, documents or information provided to us.
(5) Our liability is limited to intent and gross negligence as well as to the violation of cardinal obligations.
§ 8 Severability Clause
(1) Should a provision of these General Terms and Conditions be or become invalid, the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision which, within the scope of what is legally permissible, comes closest to the will and interests of both parties.
§ 9 Place of performance and jurisdiction
(1) Place of performance is the registered office of our company
(2) The place of jurisdiction for all disputes arising directly or indirectly between us and the client shall be the court with local jurisdiction for our registered office. The local law applicable to our registered office shall apply.