Our services are delivered subject to the following terms and conditions:
Terms and Conditions for Consulting Services
1. General / Scope
1.1 All legal transactions between the principal (hereinafter: client) and the contractor
(hereinafter: consultant), are based on these terms and conditions. The version of the terms and
conditions is valid that is in place at the time of the conclusion of the contract.
1.2 These Terms and Conditions also apply to any future contractual relationships, even if in
future contracts there is no explicit reference to these terms included.
1.3 Conflicting Terms and Conditions of the client are not valid unless they are approved in
writing by the consultant. If the General Terms and Conditions of the client were acknowledged
by the consultant in writing, the Terms and Conditions of the consultant apply however to such
matters that are not governed by the Terms and Conditions of the client.
2. Contract
2.1 The consulting agreement is created as a service contract by a written statement of both
parties. Declarations by email or electronically submitted declarations satisfy the written form.
2.2 The scope of the engagement of the consultant is defined in detail within each contract.
Errors or omissions resulting from lack of sufficient or adequate description are subject to the
responsibility of the client.
2.3 The consultant shall be entitled to transfer his duties in whole or in part to third parties
(natural or legal persons, hereinafter: agents) to fulfill the services. The contractual relationships
between the consultant and the agents are under full responsibility of the consultant. There will
be no contractual relationship between the agents and the client.
2.4 The client agrees during the duration of the consulting agreement and by the end of three
years after finishing the consulting contract, not to contact the agents of the consultant, who are
engaged by the consultant to fulfill his contractual obligations, for whatsoever relationship. The
client will not ask the agents or request from them particularly for such or similar advisory
services, which are also offered by the consultant.
3. Obligations of the Client
3.1 The client shall provide the organizational conditions at his business premises, to enable
the consultant to fulfilling his tasks in an undisturbed process for the quick progress of the
consulting project.
3.2 The client takes care for all necessary equipment and ergonomic office furniture, the
consultant needs to fulfill the contract until the beginning of the provision of consultancy
services. The secrecy in the payroll area requires proper spatial design of the workplace
(individual office). The client provides a possibility for free parking to the consultant.
3.3 The provision of appropriate equipment refers specifically to a computer / laptop and a
working place with all necessary programs and connections. In case the consulting services are
provided from the premises of the consultant, the required dial-in options into the client’s
network have to be provided in time.
3. 4 The client shall ensure, that the consultant receives in time and without special notice all
necessary documents, necessary for the completion and execution of the consultancy services,
and to provide him the comprehensive knowledge of all processes and circumstances, which
are important for the execution of these services.
3. 5 The client informs all of his staff who is involved in the work of the consultant, the
statutory and – if in place – the respective employee representation (works council) before the
start of the activity of the consultant, about the consulting activities and provides any necessary
authorizations or permissions.
3.6 The client identifies to the consultant a sufficiently authorized contact person for the
consulting relationship, clarifying the necessary facts with the consultant and to whom the
consultant is addressing his reports.
3.7 As far as personal data is made available to the consultant as part of his contractual
obligations, the client is providing the guarantee that this data can be handled properly and all
necessary consents have been provided beforehand in regard to data protection and
commercial constitutional legislation and rules. The client indemnifies the consultant free
against all claims asserted in this context.
4. Duties of the Consultant
4.1 The contracting parties agree to mutual loyalty.
4.2 The consultant is obliged to report to the client on his work and its progress.
4.3 The consultant fulfills his agreed services free of directions and in his own responsibility.
He is not underlying to any particular place of work or to any specific working hours.
4.4 The consultant is committed to secrecy about all business matters and internals coming
to his knowledge, especially business and trade secrets and any other information he receives
about the nature, scope of business and activities of the client.
4.5 The consultant is exempt from the duty of clause 4.4 in regard to his agents, which he
engages to perform his contractual obligations. The secrecy according to clause 4.4 extends in
this case also to the agents.
5. Liability
5 .1 The consultant shall be liable to the client for damages only in case of serious fault
(intent or gross negligence) and only up to the contracted amount. This also applies to
damages, which are caused by agents, who were engaged by the consultant.
5.2 A case of damage is the sum of all claims, arising from a single supply or occurence. For
unforeseeable, atypical damages, the consultant is not liable.
5.3 If the client requires from the consultant a higher insurance by a liability insurer, he shall
bear the costs of this additional insurance.
5.4 In case the consultant is exposed to third party claims in regard to injunctive relief or
damages, or taken in similar claim, because of the design and / or the content of the work result,
the client indemnifies the consultant from this liability.
5.5 Damage claims of the client may be only asserted within three months from the
knowledge of the damage and/or from causing the damage, but at the latest legal action is
necessary after the date of the operative event within a one year period.
5.6 The client has to provide the evidence, that the damage is caused by a fault of the
consultant.
6. Invoicing
6 .1 After providing the agreed services the consultant receives the contracted fees. The
consultant shall be entitled to demand interim bills or advanced payments for the corresponding
periodic or project-based work progress.
6.2 The agreed fees and prices are exclusive of value added tax (VAT). Invoices are due
immediately upon receipt of invoice and no later than 10 days payable.
6.3 Any set-off claims or enforcements of retention are permitted by the client only with
undisputed and legally enforced claims.
6.4 Any cash expenditure, travel expenses and other incidental expenses are paid by the
client upon invoicing by the consultant, unless they are directly procured or paid by the client.
6.5 In the event that contracted services are not realized, for reasons that lie on part of the
client or due to a reasonable premature termination of the contract by the consultant, the
consultant shall retain his claim for consideration (payment of the agreed fee less any expenses
saved). In the case of the agreement of an hourly fee, a fee for the number of hours expected
for the whole agreed performance is due less saved expenses. As agreed lump sum, the saved
costs are 30 percent of the fees for those services that the consultant did not perform up to the
day of termination of the contract.
6.6 In case of non-payment of interim or partial invoices, the consultant is released from his
obligation to provide further services. The assertion of additional claims resulting from default of
payment will not be affected. For documents and equipment of the client, the consultant shall
have a lien until full payment of these obligations.
6.7 The consultant is entitled to transfer the invoices in electronic form to the client. The
client agrees to the transmission of invoices in electronic format by the consultant.
7. Termination of the contract
7.1 The agreement ends with the termination of the project or with the provision of the
agreed services or after the expiration of the agreed time.
7.2 The contract may be terminated at any time regardless of clause 7.1 for good cause
from both sides without notice. Good cause is regarded as especially important,
- if one party breaches fundamental contractual obligations and if further adherence to the
contract would be no longer reasonable for the other party or
- if one party fell in bankruptcy or the bankruptcy petition is dismissed for lack of funds.
8. Final Clauses / Severability
8.1 Changes in the contract require the written form pursuant to clause 2.1, as well as a
waiver from this requirement. Verbal agreements do not exist.
8.2 Place of fulfillment is the headquarters of the consultant. For any disputes the court at
the headquarters of the consultant is the responsible court.
8.3 In the event, that any provisions of these terms are invalid or will become invalid, the
validity of the remaining provisions or of any contracts, that were concluded on the basis of
these terms and conditions, shall not be affected. An invalid provision shall be replaced with a
valid provision that comes as close as possible to the purpose and the economic success of the
invalid provision.
Legal Notice:
Legal Notice:
Birgit Boysen
65760 Eschborn
Berliner Straße 5
Tel. 06196 / 4 43 48
Disclaimer
1. Content The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
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4. Privacy policy If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
