Terms & Conditions
§ 1 Scope
These General Terms and Conditions apply to all contracts with , hereinafter referred to as Consultant. This includes in particular the following services:
- Advice & Consulting
- Training & Workshops
The client’s terms and conditions shall only apply if expressly agreed in writing between the parties.
§ 2 Subject matter of the contract, scope of services
The subject of the contract is the consultancy work agreed in the respective offer. These Terms & Conditions shall apply upon acceptance of the offer.
In the case of open training offers, costs and services are shown on the consultant’s website. A separate offer shall not be sent.
The Consultant shall carry out all work with the utmost care and shall observe the recognised rules of science and practice.
Data provided by the client and third parties shall not be checked for accuracy, but only for plausibility.
The Consultant’s performance shall be deemed to have been rendered when the services agreed in the offer have been performed. It is irrelevant here whether and when possible recommendations of the consultant are implemented by the client.
If the consultant is to be obliged to prepare a detailed, written report, this must be agreed between the parties as part of the offer.
§ 3 Duties of cooperation of the client
The Client shall be obliged to provide the Consultant with full support and, in particular, to create all the conditions necessary for the performance of the assignment and to make all relevant documents available to the Consultant in good time.
§ 4 Default in acceptance, failure to cooperate
Should the Client default in accepting the consultancy services or fail to cooperate despite a reminder and the setting of a deadline, the Consultant shall be entitled to terminate the contract without notice. The exercise of this right of termination shall have no effect on the consultant’s claims for compensation for the damage caused by the default or the failure to cooperate or for the reimbursement of necessary additional expenses.
§ 5 Remuneration, terms of payment
- All claims are due 30 days after invoicing and are payable immediately without deductions. As this is a case of § 286 para. 2, no. 2 BGB (German Civil Code), the client is automatically in default if payment is not made on time, i.e. without a reminder. If relevant, the statutory value added tax shall be added to all price quotations and shall be shown separately on the invoice.
- In the case of an offer of less than € 10,000, the invoice shall be issued after the services have been rendered. In the case of an offer of more than 10,000€, 50% can be invoiced upon acceptance of the offer and 50% after performance of the service.
- Traveltime, travel costs and accommodation will be charged at cost.
- In the case of open training offers, participants will receive the invoice immediately after registration and confirmation of registration, preferably by e-mail.
- Several clients (natural persons and/or legal entities) shall be jointly and severally liable. Offsetting against claims of the consultant for remuneration and reimbursement of expenses shall only be permitted with undisputed or legally established claims.
§ 6 Cancellation
The client may postpone or cancel appointments at any time before the start of agreed events (training courses, workshops, moderation, coaching) in writing or by e-mail. In the event of postponement up to one week before the appointment, no cancellation fees shall be charged, but the client shall reimburse any incidental costs incurred in full. In the event of cancellation, cancellation fees of up to 100% of the agreed amount plus incidental costs will be charged. The amount of the cancellation fees shall depend on the short notice at which the event was cancelled by the client. The client is obliged to pay the following cancellation fees as a lump sum:
- up to four weeks before the event no cancellation fee
- up to two weeks before the date 50 % of the agreed amount plus incidental costs
- if the appointment is cancelled up to one week before the appointment: 75 % of the agreed amount plus incidental costs
- if the appointment is cancelled within 48 hours before the appointment: 100 % of the agreed amount plus additional costs.
If participants of open training offers are prevented from attending at short notice:
- No cancellation fees will be charged if substitute participants are named at least one week before the start of the training.
- If no substitute participants can be named, an alternative date can be booked up to one week before the start of the training for a processing fee of 50€ excluding VAT.
- If the booking is not changed or a substitute participant is not named up to one week before the start of the training, the participant costs will be due in full.
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 the event of cancellation, participants will be informed immediately and any payments already received will be refunded. If the consultant offers alternative dates with which the participants agree, payments will not be refunded.
§ 7 Retention of documents
After completion of the order, the parties have the right to return the documents received to the other party or to destroy them. If the documents are originals, the consent of the other party must be obtained before they are destroyed.
A duty to retain documents, insofar as this is not stipulated by law, is not agreed.
§ 8 Duty of confidentiality, data protection
- The Consultant undertakes to protect all business and trade secrets of the Client and to comply with the statutory data protection provisions. Disclosure to third parties not involved in the execution of the assignment shall require the written consent of the Client.
- The Consultant shall oblige all persons employed by it to carry out the assignment to comply with these provisions accordingly.
- The consultant shall be authorised to process the personal data entrusted to him or to have such data processed by third parties within the scope of the purpose of the assignment and in compliance with the data protection provisions. This refers, among other things, to the following services:
- By participating in the Tripod Beta Bronze Practitioner Knowledge Assessment or Tripod Beta Silver Workshop, you consent to the advisor making your personal data (name, email address, company) available to the Energy Institute (EI) , 61 New Cavendish Street, London W1G 7AR, UK, on behalf of Stichting Tripod Foundation. The Energy Institute (EI) administers the Bronze Knowledge Test platform, issues certificates, documents the qualification and updates it as appropriate.
- If you take part in a BowTieXP or IncidentXP training course or are provided with a trial licence of the software, you agree that the consultant may pass on your personal data (name, e-mail address, company) to its partner company Wolters Kluwer Zuidpoolsingel 2, 2408 ZE Alphen aan den Rijn, the Netherlands, for inclusion in the customer database.
§ 9 Protection of the Consultant’s Intellectual Property
All reports, concepts, drafts, documents, etc. produced by the consultant shall be and remain the intellectual property of the consultant and may only be used by the client for the contractually agreed purposes and may only be disclosed to third parties or made known to them or published with the express written consent of the consultant.
Should the client also wish to use the consultancy services for affiliated companies, he shall require the prior written consent of the consultant, which the consultant may also refuse without stating reasons. Insofar as work results are copyrightable, the consultant shall remain the author. In such cases, the client shall receive an irrevocable, exclusive and non-transferable right of use to the work results, which shall be restricted by the aforementioned provisions, but otherwise shall be unrestricted in terms of time and place.
§ 10 Miscellaneous
The law of the Federal Republic of Germany shall apply exclusively to all rights arising from the contract. The place of jurisdiction is Nettetal.
All amendments and supplements to these General Terms and Conditions of Contract must be in writing and must be expressly marked as such.
If provisions of these General Terms and Conditions are or become invalid in whole or in part, the remaining provisions shall not be affected thereby. The parties undertake to replace the invalid provisions with valid ones without delay.