1 Scope

1.1

These General Terms and Conditions apply to the consulting, coaching, services and outsourcing services

of Business Maker.

1.2

All offers, contracts, services and deliveries by Business Maker (hereinafter referred to as the Contractor) are made exclusively on the basis of these General Terms and Conditions. This also applies to extensions and all other changes to contracts already concluded. These terms and conditions take precedence over all business and purchasing conditions.

1.3

Changes, additions and ancillary agreements must be made in writing to be effective. Oral agreements that go beyond written agreements are not valid.

• 2 Subject matter and services

2.1

The subject of the order is an agreed service, not the result. The services are provided as soon as the agreed services have been carried out. Details of the order, such as the task, duration, fee, etc. are regulated in a separate written contract (order).

2.2

At the client’s request, the contractor must provide information on the status of order fulfillment. The contractor will carry out all work with the utmost care and in compliance with professional principles.

2.3

The client must provide the contractor with all documents necessary for the execution of his work in a timely manner. The contractor must be informed of all events and circumstances that have an influence on the subject matter of the contract. This also applies to documents, events and circumstances that only become known during the contractor’s work.

2.4

Data provided by the client will only be checked for plausibility. The conclusions and recommendations derived from investigations are made to the best of our knowledge and in accordance with the recognized rules of science and practice.

2.5

Unless otherwise agreed, the Contractor may use expert subcontractors to carry out the order. Otherwise, the Contractor itself decides which employees it employs or replaces.

• 3 Confidentiality / Data protection

3.1

The Contractor is obliged to maintain confidentiality regarding all information designated as confidential or business and trade secrets of the Client which become known to him in connection with the order.

3.2

The Contractor is authorized to process the data entrusted to him or to have it processed by third parties within the scope of the purpose of the order.

• 4 Correction of defects

4.1

If the defects can be remedied, the Contractor will remedy any defects for which he is responsible, provided this is possible with reasonable effort. The Client must immediately report any defects in writing.

The client can only demand cancellation of the contract if the service provided is of no interest to him due to failure of the repair. Section 5 applies to claims for damages in excess of this.

• 5 Liability

5.1

The Contractor shall only be liable to the Client for damages caused intentionally or through gross negligence by him or his employees.

Anyone who uses the contractor’s recommendations or documents must ensure that they are used correctly.

• 6 Prices and payments

6.1

All payments must be made without deduction to one of the accounts stated on the invoice. The timeliness of the payment depends on the amount being received in the account. All prices are net prices plus statutory VAT.

6.2

In the event of late payment, we reserve the right to charge interest on arrears amounting to 8% above the current base interest rate (Section 247 of the German Civil Code). The client is also obliged to reimburse the reminder fees and the costs of legal intervention.

6.3

Set-off against counterclaims or withholding of payments by the Client are generally excluded.

6.4

The Contractor’s right to demand compensation for damages caused by the delay from the Customer in the event of default (§§ 280 para. 2, 286 BGB) remains unaffected.

6.5

In addition to the fee, the Contractor is entitled to reimbursement of expenses.

6.6

Multiple clients are jointly and severally liable.

• 7 Protection of intellectual property

7.1

The Client guarantees that the reports and results prepared by the Contractor as part of the order, as well as the documents provided, will only be used for his own purposes and will not be published without express consent.

To the extent that works are subject to copyright, the contractor remains the author.

• 8 Duty of loyalty

8.1

The parties undertake to be loyal to one another.

• 9 Termination

9.1

Unless otherwise agreed, the contract can be terminated with a notice period of 21 days to the

end of the month. The termination must be in writing to be effective.

• 10 Failure to cooperate

10.1

If the client is late in accepting the consulting services or fails to cooperate in a manner incumbent upon him, the contractor is entitled to terminate the contract without notice. Irrespective of the assertion of this right of termination, the contractor is entitled to compensation for any

damage or additional expenses incurred as a result of the delay or failure to cooperate. 

• 11 Miscellaneous

11.1

Changes or additions to these terms and conditions or the contract must be made in writing. The law of the Federal Republic of Germany applies.

11.2

The place of jurisdiction for all disputes arising from the contract is the registered office of the Contractor.

11.3

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the contract shall otherwise remain unaffected. The invalid or unenforceable provision shall be replaced by an effective and enforceable provision

whose effects come closest to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.