General Terms and Conditions (GTC)

§ 1 Scope of Application

These General Terms and Conditions apply to all contracts with , hereinafter referred to as the Consultant. These include, in particular, the following services:

• Consulting & Advisory
• Coaching
• Moderation
• Conception
• Training & Workshops

The client’s terms and conditions shall only apply if expressly agreed upon in writing between the parties.

§ 2 Subject Matter of the Contract, Scope of Services

1. The subject matter of the order is the consulting activity agreed upon in the respective offer. Upon acceptance of the offer, these GTCs shall apply.
2. For open training courses, costs and services are displayed on the Consultant’s website. A separate offer will not be sent.
3. The Consultant shall perform all work with the utmost care and observe the recognized rules of science and practice.
4. Data provided by the client and by third parties will not be checked for accuracy, but only for plausibility.
5. The Consultant’s service shall be deemed rendered when the services agreed upon in the offer have been performed. It is irrelevant whether and when any recommendations made by the Consultant are implemented by the client.
6. Should the Consultant be obliged to prepare a detailed written report, this must be agreed upon between the parties as part of the offer.

§ 3 Client’s Obligations to Cooperate

The client is obliged to fully support the Consultant and, in particular, to create all conditions necessary for the execution of the order and to provide the Consultant with all relevant documents in a timely manner.

§ 4 Default of Acceptance, Failure to Cooperate

Should the client default on accepting the consulting services or fail to fulfill an obligation to cooperate despite a reminder and setting of a deadline, the Consultant is entitled to terminate the contract without notice. The exercise of this right of termination shall not affect the Consultant’s claims for compensation for damages incurred due to the default or failure to cooperate, or for reimbursement of necessary additional expenses.

§ 5 Remuneration, Payment Terms, Offsetting

1. All invoices are due 30 days after invoicing and are payable immediately without deductions. As this constitutes a case under § 286 para. 2, no. 2 of the German Civil Code (BGB), the client will automatically be in default if payment is not made on time, i.e., without a reminder. Where relevant, the statutory value-added tax must be added to all prices and will be shown separately on the invoice.
2. For offers under €10,000, invoicing will take place after service provision. For offers over €10,000, 50% can be invoiced upon acceptance of the offer and 50% after service provision.
3. Travel time, travel expenses, and accommodation will be charged based on actual costs.
4. For open training courses, participants will receive the invoice immediately after registration and confirmation, preferably by email.
5. Multiple clients (natural and/or legal persons) are jointly and severally liable. Offsetting against the Consultant’s claims for remuneration and reimbursement of expenses is only permissible with undisputed or legally established claims.

§ 6 Cancellation and Prevention

The client may postpone or cancel appointments for agreed events (training, workshops, moderation, coaching) at any time before the start, in writing or by email. For postponements up to one week before the appointment, no cancellation fees apply, but any incidental costs incurred by the client must be reimbursed in full. In case of cancellation, cancellation fees of up to 100% of the agreed amount plus incidental costs will apply. The amount of the cancellation fees depends on how short-notice the event was canceled by the client. The client is obliged to pay the following flat-rate cancellation costs:

• no cancellation fee up to four weeks before the appointment
• 50% of the agreed amount plus incidental costs up to two weeks before the appointment
• 75% of the agreed amount plus incidental costs if the appointment is canceled up to one week before the appointment
• 100% of the agreed amount plus incidental costs if the appointment is canceled within 48 hours before the appointment

If participants in open training courses are prevented at short notice:

• No cancellation fees apply if substitute participants are named at least one week before the start of the training.
• If no substitute participants can be named, rebooking to an alternative date is possible up to one week before the start of the training for a processing fee of €50 excluding VAT.
• If no rebooking is made or no substitute participant is named up to one week before the start of the training, the full participant costs will be due.

The Consultant reserves the right to use other trainers or to cancel the training up to 3 days before the start of the training. In case of cancellation, participants will be informed immediately, and any payments already received will be refunded. If the Consultant offers alternative dates that the participants agree to, payments will not be refunded.

§ 7 Retention of Documents

1. After completion of the order, the parties have the right to return the documents received from the other party or to destroy them. If they are originals, the consent of the other party must be obtained before destruction.
2. No obligation to retain documents is agreed upon, unless legally mandated.

§ 8 Confidentiality, Data Protection

1. The Consultant undertakes to maintain the confidentiality of all business and trade secrets of the client and to comply with statutory data protection regulations. Disclosure to third parties not involved in the execution of the order requires the written consent of the client. The Consultant obliges all persons employed by him for the execution of the order to comply with these regulations.
2. The Consultant is authorized, within the scope of the purpose of the order, to process personal data entrusted to him, or have it processed by third parties, in compliance with data protection regulations. This refers, among other things, to the following services:
3. By participating in the Tripod Beta Bronze Practitioner Knowledge Assessment or Tripod Beta Silver Workshop, you agree that the Consultant will provide your personal data (name, email address, company) on behalf of the Stichting Tripod Foundation to the Energy Institute (EI), 61 New Cavendish Street, London W1G 7AR, UK. The Energy Institute (EI) manages the platform for the Bronze knowledge test, issues certificates, documents the qualification, and updates it if necessary.
4. If you participate in a BowTieXP or IncidentXP training course or are provided with a trial license for the software, you agree that the Consultant will pass on your personal data (name, email address, company) to its partner company Wolters Kluwer Zuidpoolsingel 2, 2408 ZE Alphen aan den Rijn, Netherlands, for inclusion in the customer database.

§ 9 Protection of the Consultant’s Intellectual Property

1. All reports, concepts, documents, etc. prepared by the Consultant are and remain the intellectual property of the Consultant and may only be used by the client for the contractually agreed purposes and only with the express written consent of the Consultant may they be disclosed or made known to third parties or published.
2. Should the client wish to use the consulting services for affiliated companies, prior written consent from the Consultant is required, which the Consultant may refuse without stating reasons. Insofar as work results are copyrightable, the Consultant remains the author. In these cases, the client receives a right of use to the work results that is restricted by the aforementioned provisions, but otherwise unlimited in time and place, irrevocable, exclusive, and non-transferable.

§ 10 Miscellaneous

1. The law of the Federal Republic of Germany shall apply exclusively to all rights arising from the contract. The place of jurisdiction is Nettetal.
2. All amendments and additions to these General Terms and Conditions of Engagement must be made in writing and expressly identified as such.
3. If provisions of these GTC are or become wholly or partially invalid, the remaining provisions shall not be affected thereby. The parties undertake to immediately replace the invalid provisions with valid ones.