Stan­dard Busi­ness Terms

I. (In-house /​ online) courses, train­ings, and work­shops

1. Design of the order

1.1. The con­trac­tor exe­cutes the order free of instruc­tions. This order does not estab­lish an employ­ment rela­tion­ship with the client.

1.2. Unless expressly agreed oth­er­wise, the con­trac­tor is enti­tled to pro­vide the agreed ser­vice him­self or through qual­i­fied employ­ees.

1.3. The con­tract­ing par­ties inform each other about all cir­cum­stances that are sig­nif­i­cant for the order and its exe­cu­tion.

1.4. The client is enti­tled to can­cel the order in writ­ing. Can­cel­la­tion up to six weeks before the agreed date is free of charge for the client. In the event of can­cel­la­tion up to four weeks in advance, a can­cel­la­tion fee of 25 % of the agreed fee is payable, up to two weeks in advance of 50 %, and up to one week in advance of 75 %. In the event of can­cel­la­tion within a week before the agreed date, the full agreed fee is due. The receipt of the can­cel­la­tion let­ter by the ser­vice provider is deci­sive.

1.5. If the con­trac­tor is unable to hold the agreed event due to ill­ness or for other impor­tant rea­son, the con­trac­tual part­ners will, if pos­si­ble, agree on an alter­na­tive date. If this is not pos­si­ble, the client is enti­tled to carry out the order with another ser­vice provider. In this case, the con­trac­tor receives com­pen­sa­tion of 25% of the agreed fee.

2. Edu­ca­tion /​ Train­ing /​ Work­shop Mate­ri­als and Copy­rights

2.1. The mate­ri­als pro­vided by the con­trac­tor (man­u­als and other texts, tables, graph­ics, slides, eval­u­a­tion sheets, text, video and audio files, con­cepts for role-play, and other train­ing processes) are sub­ject to the con­trac­tor’s copy­right. They are left to the par­tic­i­pants only for per­sonal use. Fur­ther usage rights are not trans­ferred. In par­tic­u­lar, the client and the par­tic­i­pants are not enti­tled to repro­duce, pass on, or use the mate­ri­als in events. Mate­ri­als that are not required must be returned to the con­trac­tor.

2.2. The con­trac­tor assures the client that the mate­ri­als used by them are free from third-party rights that pre­vent their use in the con­text of the event. The con­trac­tor releases the client from third-party claims that could arise from a pos­si­ble vio­la­tion of third-party rights through the use of the mate­ri­als pro­vided by the con­trac­tor.

2.3. The client assures the con­trac­tor that any mate­ri­als they may have pro­vided are free of third-party rights that pre­vent their use in the con­text of the event. The client releases the con­trac­tor from third-party claims that could arise from a pos­si­ble vio­la­tion of third-party rights through the use of the mate­ri­als pro­vided by the client.

3. Adver­tis­ing

Client and con­trac­tor are enti­tled to refer to their coop­er­a­tion within the frame­work of the agreed event for adver­tis­ing pur­poses, in par­tic­u­lar to adver­tise the agreed event.

4. Fee and reim­burse­ment of costs

4.1. Unless oth­er­wise agreed, the con­trac­tor is enti­tled to issue interim invoices for the ser­vices ren­dered up to that point at rea­son­able inter­vals. The client agrees to receive the invoice elec­tron­i­cally or as an email attach­ment.

4.2. Fee and cost reim­burse­ment claims from ser­vices ren­dered are due imme­di­ately and payable within seven days of receipt of the email /​ invoice.

5. Com­pe­ti­tion clause

The con­tract with the client does not pre­vent the con­trac­tor from hold­ing sim­i­lar events for their own account or for the account of third par­ties.

6. Lia­bil­ity

Lia­bil­ity is lim­ited in amount and rea­son to pro­fes­sional lia­bil­ity insur­ance (see below “III. Addi­tional infor­ma­tion in accor­dance with the Ger­man “Ser­vice Infor­ma­tion Oblig­a­tion Ordi­nance” (Dien­stleis­tungs-Infor­ma­tion­spflichten-Verord­nung-DLIn­foV)”. Any fur­ther lia­bil­ity is excluded. This dis­claimer does not apply to per­sonal injury.

7. Clos­ing Clauses

7.1. The con­trac­tor will treat the per­sonal data of the par­tic­i­pants and the eco­nomic data of the client, which become known to them through the agreed event, con­fi­den­tially and in accor­dance with the applic­a­ble pro­vi­sions of data pro­tec­tion. This also applies after the end of the order and after the end of the col­lab­o­ra­tion.

7.2. Both sides are obliged to delete the per­sonal and eco­nomic data of the other side imme­di­ately after the end of the coop­er­a­tion, as soon as they are no longer required for tax or other legal rea­sons.

7.3. Oral side agree­ments were not made. Amend­ments and sup­ple­ments to the con­tract must be in writ­ing. This also applies to changes to this writ­ten form clause.

7.4. These stan­dard busi­ness terms and con­di­tions apply exclu­sively. No other stan­dard busi­ness terms and con­di­tions have been agreed.

7.5. Ger­man law applies exclu­sively. The place of juris­dic­tion is, as far as per­mis­si­ble, exclu­sively the place of busi­ness of the con­trac­tor.

II. Busi­ness Con­sult­ing, Busi­ness Coach­ing

1. Design of the order

1.1. The sub­ject of the con­tract is the pro­vi­sion of a ser­vice, not the achieve­ment of a cer­tain suc­cess. In par­tic­u­lar, the con­trac­tor does not owe the achieve­ment of a spe­cific eco­nomic result. The opin­ions and rec­om­men­da­tions of the con­trac­tor pre­pare the busi­ness deci­sion of the client, but can­not replace them.

1.2. The con­trac­tor pro­vides his ser­vices based on the agreed con­sult­ing con­cept by advis­ing the man­age­ment; dis­cus­sions with employ­ees of the client, with author­i­ties, and third par­ties; and, to the required or agreed extent, through writ­ten state­ments.

1.3. The con­trac­tor is autho­rized, within the frame­work of the agreed con­sult­ing con­cept and after prior con­sul­ta­tion with the client, to issue instruc­tions and make state­ments to the clien­t’s employ­ees.

1.4. The client will pro­vide the con­trac­tor with the nec­es­sary data and infor­ma­tion in good time. The client des­ig­nates a con­tact per­son and ensures the flow of infor­ma­tion to the con­trac­tor.
The con­trac­tor keeps the client up to date on his activ­i­ties and requests the nec­es­sary data and infor­ma­tion in good time. The con­trac­tor ensures the flow of infor­ma­tion to the client and main­tains con­tact with the des­ig­nated con­tact per­son. The con­trac­tor is enti­tled to use expert third par­ties and other assis­tants to carry out the con­tract.

1.5. The con­trac­tor does not pro­vide legal or tax advice within the mean­ing of the Legal Ser­vices Act and the Tax Advi­sory Act.

2. Con­fi­den­tial­ity and data pro­tec­tion

2.1. The con­trac­tor guar­an­tees the con­fi­den­tial treat­ment of the clien­t’s eco­nomic data and infor­ma­tion that they become aware of through the agreed con­sult­ing activ­ity. The same applies to the per­sonal data of the clien­t’s employ­ees.

2.2. The con­tract­ing par­ties will only com­mu­ni­cate or pub­licly announce their coop­er­a­tion and its details to third par­ties if the other con­tract­ing party has given its con­sent.

2.3. The con­fi­den­tial­ity oblig­a­tion remains after the con­tract has ended.

3. Copy­rights

The client has the right to use the mate­ri­als and data cre­ated by the con­trac­tor for the exe­cu­tion of this con­tract and to pass them on to third par­ties and pub­lish them unchanged, nam­ing the con­trac­tor as the author. Oth­er­wise, the rights remain with the con­trac­tor.

4. Com­ple­tion of the order

Ter­mi­na­tion in accor­dance with Sec­tion 627 of the Ger­man Civil Code is excluded

5. Com­pen­sa­tion

5.1. Unless oth­er­wise agreed, the con­trac­tor is enti­tled to issue interim invoices for the ser­vices ren­dered up to that point at rea­son­able inter­vals. The client agrees to receive the invoice elec­tron­i­cally or as an email attach­ment.

5.2. Fee and cost reim­burse­ment claims from ser­vices ren­dered are due imme­di­ately and payable within seven days of receipt of the email /​ invoice.

6. Lia­bil­ity

Lia­bil­ity is lim­ited in amount and rea­son to pro­fes­sional lia­bil­ity insur­ance (see below “III. Addi­tional infor­ma­tion in accor­dance with the Ger­man “Ser­vice Infor­ma­tion Oblig­a­tion Ordi­nance” (Dien­stleis­tungs-Infor­ma­tion­spflichten-Verord­nung-DLIn­foV)”. Any fur­ther lia­bil­ity is excluded. This dis­claimer does not apply to per­sonal injury.

7. Clos­ing Clauses

7.1. Both sides are obliged to delete the per­sonal and eco­nomic data of the other side imme­di­ately after the end of the coop­er­a­tion, as soon as they are no longer required for tax or other legal rea­sons.

7.2. Oral side agree­ments were not made. Amend­ments and sup­ple­ments to the con­tract must be in writ­ing. This also applies to changes to this writ­ten form clause.

7.3. These stan­dard busi­ness terms and con­di­tions apply exclu­sively. No other stan­dard busi­ness terms and con­di­tions have been agreed.

7.4. Ger­man law applies exclu­sively. The place of juris­dic­tion is, as far as per­mis­si­ble, exclu­sively the place of busi­ness of the con­trac­tor

III. Addi­tional infor­ma­tion in accor­dance with the Ger­man “Ser­vice Infor­ma­tion Oblig­a­tion Ordi­nance” (Dien­stleis­tungs-Infor­ma­tion­spflichten-Verord­nung-DLIn­foV)

  • EU cer­tifi­cate” is avail­able as proof of the activ­ity “busi­ness con­sult­ing includ­ing busi­ness orga­ni­za­tion”. Exhibitor: Frank­furt Cham­ber of Com­merce and Indus­try, Börsen­platz 4, 60313 Frank­furt am Main
  • EU ser­vice noti­fi­ca­tion” for the pro­vi­sion of the above ser­vice in Aus­tria is avail­able to the com­pe­tent author­ity: Fed­eral Min­istry of Eco­nom­ics, Fam­ily and Youth, Depart­ment of Trade Law Enforce­ment, 1011 Vienna, Stuben­ring 1.
  • Pro­fes­sional and busi­ness lia­bil­ity insur­ance with R + V All­ge­meine Ver­sicherung AG, Raif­feisen­platz 1, 65189 Wies­baden.
    Sum insured: €3,000,000 for per­sonal injury and prop­erty dam­age due to activ­i­ties with sim­ple expe­ri­en­tial edu­ca­tional ele­ments, includ­ing as a trainer, sem­i­nar leader, instruc­tor, lec­turer, speaker, man­age­ment con­sul­tant, super­vi­sor, coach, medi­a­tor
    Scope: World­wide, in the USA and Canada €10,000 deductible for per­sonal injury
  • Lia­bil­ity insur­ance for man­age­ment con­sul­tants with Merkel Inter­na­tional Insur­ance Com­pany Ltd., Ger­many branch, Luisen­str. 14, 80333 Munich - sum insured €250,000 for finan­cial loss.

Sta­tus: April 2021 - Ghaf­fari Busi­ness Coach­ing & Con­sult­ing - D-63110 Rodgau - Mobile: + 49−176−210 33 55 6