Section 1 Scope
(1) The following “General Terms and Conditions” (hereinafter referred to as the “terms and conditions”) shall apply to all legal transactions between HATTINGER BÜRO GmbH and its clients, unless required otherwise by law. These terms and conditions shall also apply to all future contractual relations with the client, even if this is not expressly stated in additional contracts.
(2) If the client also uses terms and conditions, the contract shall take effect even without explicit agreement on the inclusion of the terms and conditions. As far as the contents of the different terms and conditions are identical, they shall be deemed as agreed upon. Contradictory individual provisions shall be replaced by the provisions of non-mandatory law. This shall also apply in the event that the terms and conditions of the client contain provisions which are not included in scope of these terms and conditions.
Section 2 Service
(1) The activities of HATTINGER BÜRO GmbH consist – unless agreed otherwise in individual cases – of independent and unsupervised consulting services (e.g. coaching, moderation, training) as a service provider for the client and their employees.
(2) The information contained in the written individual quotation documents shall be the sole basis for the services to be provided by the contractor. The subject matter of the contract shall be the agreed service, not the achievement of a specific success. In particular, no specific economic result shall be owed.
(3) The scope, form, subject matter and objective of the consulting services shall be specified in detail in the respective contract between the client and HATTINGER BÜRO GmbH.
(4) After agreement with the client, the contractor is entitled to call in qualified freelancers who are associated with HATTINGER BÜRO GmbH by means of contractual cooperation. In these cases, the business relationship shall continue to exist between HATTINGER BÜRO GmbH and the client, unless otherwise agreed.
(5) Updates and modifications of quotations and contracts shall be specified by both parties in writing and, as an additional agreement, shall become part of the contractual relationship between HATTINGER BÜRO GmbH and the client.
Section 3 Obligation of the client to cooperate
(1) The client shall carefully examine the quotation documents before awarding the contract. By signing and returning the quotation or by conclusive action, the client bindingly accepts it.
(2) The client shall ensure that the organisational framework conditions for fulfilling the consulting contract allow for undisturbed work that supports a rapid progress of the consulting process.
(3) The client shall ensure that the contractor is informed as comprehensively, accurately and timely as possible about the data required for the delivery of the contractual services (e.g. organisational structure, current situation of the client). If the client fails to fulfil all or part of their duties of cooperation at the request of HATTINGER BÜRO GmbH, HATTINGER BÜRO GmbH shall be entitled, but not obliged to terminate the contract without notice. In this case, HATTINGER BÜRO GmbH may charge the client either for the services actually provided up to the date of termination or alternatively for the agreed or forecasted total compensation, less the disbursements saved due to the premature termination of the contract.
Section 4 Confidentiality, data protection
(1) HATTINGER BÜRO GmbH and the client are obliged to keep confidential any trade and business secrets as well as other issues of the other party that require confidentiality and protection and that are entrusted or made known during or in connection with the fulfilment of the contract, and to use them only for the purpose of the fulfilment of the contract. The obligation to maintain confidentiality shall not apply to information that is generally known or becomes known through no fault of the contract partner bound by an obligation of confidentiality. Further legal obligations to maintain confidentiality shall remain unaffected.
(2) The contracting parties shall secure data in particular against unauthorised access and make them available to third parties only with the consent of the other contracting party.
(3) The confidentiality obligation shall remain in force even after termination of the contract.
Section 5 Fees and costs
(1) For the services of HATTINGER BÜRO GmbH a daily, hourly or flat-rate fee shall be agreed. Travel and accommodation costs will be charged separately.
(2) All the fees and costs are exclusive of the value added tax applicable at the time of the service.
Section 6 Terms of Payment
(3) HATTINGER BÜRO GmbH shall be entitled to interim billing according to the progress of work and to issue corresponding partial invoices.
(4) Invoices shall be paid net within 8 days – unless otherwise agreed in the framework contract. If the invoice amount is not received on the account of HATTINGER BÜRO GmbH within 8 days after the invoice date, HATTINGER BÜRO GmbH shall be entitled to charge default interest of 8.27% p.a. without further reminder according to section 286 of the German Civil Code BGB.
Section 7 Cancellation of events/consulting services
(1) Cancellations must always be made in writing. Appointments for tasks that were confirmed in writing can be cancelled according to the following rules.
(2) If events are cancelled, we will charge:
– from 4 weeks prior to an agreed date onwards: 50%
– from 2 weeks prior to an agreed date onwards: 100%
of the agreed contract volume.
(3) If training sessions are cancelled, we will charge:
– from 2 weeks prior to an agreed date onwards: 50%
– from 3 days prior to an agreed date onwards: 100%
of the agreed consultation fee.
(4) Training rebookings shall not be considered as a replacement for cancellation fees.
(5) If the client does not make use of the full service, they shall not be entitled to a refund of the part of the service they have not made use of.
(6) In case of a cancellation of an event due to force majeure (e.g. illness of the trainer), HATTINGER BÜRO GmbH shall endeavour to provide a replacement (trainer or appointment) even at short notice. Further claims against HATTINGER BÜRO GmbH can only be asserted if intent or gross negligence is proved.
Section 8 Neutrality obligation
(1) The seminars and consulting services of HATTINGER BÜRO GmbH are based on a sound scientific foundation – not on ideologies or the cult of a sect. Therefore, we strongly distance ourselves from organisations such as Scientology and refuse to cooperate with this or similar organisations as well as with companies and trainers associated with them.
(2) We declare that HATTINGER BÜRO GmbH does not work according to any method established by L. Ron Hubbard and/or according to any other methods associated with Hubbard and that we reject these methods unequivocally.
(3) We do not maintain any business relationships with persons, companies or organisations who advocate the introduction of the methods of L. Ron Hubbard or who support the dissemination of these methods.
Section 9 Protection of intellectual property and copyright
(1) The client acknowledges the copyright of HATTINGER BÜRO GmbH in the works created by them (quotations, service descriptions, consultation architecture, concepts, presentations, training documents etc.).
(2) The copyright of the coaching, training and consulting concepts as well as participant handouts is the sole property of HATTINGER BÜRO GmbH.
The client undertakes not to reproduce at any time or under any circumstances any expertise that is subject matter of the contract and is generated during or brought into the contract fulfilment, be it photomechanically or electronically. It may not be passed on to third parties.
Section 10 Severability Clause
(1) In the event that individual provisions of the terms and conditions should be invalid, void or declared invalid, this shall not affect the remaining provisions. The invalid or void provisions shall be replaced by a provision which operatively comes as close as possible to the intended purpose of the contract, in good faith and taking into account the legitimate interests of both contracting parties.
Section 11 Place of jurisdiction
(1) The place of jurisdiction shall be the responsible district court of Essen. The laws of the Federal Republic of Germany shall apply.
As of: September 2015