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of Hartmut Büttner International Management Consulting (hereinafter HBIMC)
(1.1) These Terms and Conditions apply to coaching, consulting and training by HBIMC for the client, particularly in the following areas:
- Team coaching,
- Intercultural coaching,
- Lean internationalization consulting,
- Seminars and workshops,
- eLearning and eTutoring,
- Goal based internationalization scenarios and
- Intercultural mediation
(1.2) Terms and conditions of the client apply only when explicitly agreed upon in writing.
(2.1) Subject of the contract is the designated service, not to achieve a particular economic success or the provision of a report or other works. The scope of service rendered is based on preparatory talks held between the client and HBIMC. The service of HBIMC is supplied when the measures agreed upon in the contract are carried out and the results discussed with the client. It is irrelevant whether or when the conclusions and recommendations are implemented.
(2.2) In particular, coaching, lean internationalization consulting, mediation and goal based scenarios are based on cooperation and mutual trust. HBIMC will disclose the applied methods, their functionality and purposes as well as the risks and possible results in every phase to the client and the participants.
(2.3) At the request of the client HBIMC has to grant information on the status of executing the contract, to grant or to give account after completion of the consulting assignments by a written report stating the essential information concerning the course of actions and results of the service. It must be agreed separately if HBIMC should prepare a comprehensive written report, in particular for submission to third parties.
(2.4) HBIMC carries out all work with the utmost care and always based on the individual situation and the needs of the client.
(2.5) HBIMC only checks the information provided by the client or third party for plausibility. HBIMC is obliged to present the information known to him about the situation of the client with regard to the scope of consulting assignments in question correctly and completely. The conclusions and recommendations derived from the services are carried out to the best knowledge and according to recognized rules of science and practice. The presentation of the recommendations is carried out in an understandable and comprehensible way.
(2.6) Unless otherwise agreed, HBIMC shall be entitled to subcontract, in whole or in part, the services to expert subcontractors. Also in this case HBIMC remains directly obliged to the client.
(3.1) HBIMC shall be obliged to take into account chance requests of the client, provided that they are reasonable particularly with regard to the effort and the time scheduling in the context of HBIMC's operational capacities.
(3.2) If the examination of the possibilities for change or the realization of the desired changes have an effect on the terms and conditions of the contract, particularly on the work of HBIMC or the time schedule, the parties agree on an adequate amendments of the terms and conditions of the contract, particularly rise of the compensation and moving of the deadlines.
(3.3) If a more extensive examination of the effort is necessary, HBIMC has the right to require a separate assignment.
(3.4) Changes and additions to the contract must be in writing. Minutes of meetings regarding this or the project status do justice to it, provided that they are signed by the assignees of both sides.
(4.1) HBIMC shall be without time limitation obliged to keep confidential all business and trade secrets of the client as well as all information described as confidential, which becomes known to him in connection with the contract. The passing on to third parties not engaged in the execution of the order may be carried out only with a written consent of the client.
(4.2) HBIMC assumes responsibility to commit all persons employed by him for the execution of the contract on the compliance with this regulation in writing.
(4.3) HBIMC is authorized to process the personal data entrusted to him or to have processed by third parties in the context of the contract purpose considering the data protection regulations.
(5.1) The client is obliged to support HBIMC as much as possible and to create in his business sphere all conditions and prerequisites necessary for the proper execution of the contract. The client has particularly to provide all necessary or meaningful documents for the contract execution on time.
(5.2) On request of HBIMC the client has to confirm in writing the correctness and completeness of the documents presented by him, his information and verbal explanations.
(6.1) The remuneration for the services of HBIMC is calculated based on the times used for the contractual activities (time fee or as a fixed price as agreed in writing). Unless otherwise agreed, HBIMC is entitled to claim reimbursement of expenses in addition to the fees. Details of the method of payment are regulated in the contract.
(6.2) As far as long-term contracts are settled according to time and effort the respective current fee rates of HBIMC are valid. For contracts which are concluded during the last quarter of a year, the prices agreed on apply also for the following year. The client may terminate the contract, if the fees change does exceed the fees customary in the market significantly.
(6.3) Remuneration and claims for reimbursement shall be due and payable immediately without discounts. The legal value-added tax (sales tax) has to be added to all price quotations and reported separately on the invoices.
(6.4) Serveral clients (natural and/or legal entities) are jointly and severally liable.
(6.5) A setting off against claims of HBIMC for remuneration and reimbursement is permitted only with undisputed or legal finally established claims.
(7.1) As far as the service rendered can be improved, HBIMC will remove possible defects for which he is responsible as far as this is possible for him with an adequate effort. The client has to name in writing possible defects immediately at the latest however within six months after delivery.
(7.2) When the amendment fails, the client may demand reduction of the remuneration or cancellation of the contract. If the order has been placed by a merchant who has been entered as such in the commercial register in the context of its commercial sector, a legal entity of the public law or a separate property entity under public law, then the client only can demand the cancellation of the contract, if the rendered service is for him without interest because of the failed improvement. § 8 applies to claims for compensation going beyond above.
(8.1) HBIMC shall be liable to the client, unimportant for which legal foundation, for the damages caused by him deliberately or grossly negligently.
(8.2) For ordinary negligence there is a liability only at the violation of essential contractual duties. In this case the liability for contract atypical damages is excluded. For a single claim case the liability is restricted € 25.000,-. A single claim case is regarded as the sum of claims for compensation of all rightful claimants, which stem from a single-defined, time-coherent and consistent service performance. If a considerably higher damage risk is predictable, HBIMC is obliged to offer the client a larger liability sum. In this case HBIMC shall have the right to adjust his remuneration accordingly.
(8.3) Contractual claims for compensation of the client against HBIMC become statute-barred two years after the claim-triggering circumstances.
(9.1) The client will ensure that reports, organization charts, outlines, drawings, lists and calculations prepared by HBIMC in the context of the contractual assignment will be only used for the purposes mentioned in the contract. Furthermore, they will not be published without express approval in writing for each individual case. The use of the rendered services for enterprises connected to the client requires an explicit written agreement.
(9.2) As far as copyright results from HBIMC's contractual work, the copyright remains the property of HBIMC. The client receives in these cases the time and place unrestricted, irrevocable, exclusive and non-transferable right to use the work results, which is restricted only by § 9 paragraph 1 sentence 1.
(10.1) The contratual parties commit themselves to mutual loyalty. They immediately inform each other of all circumstances appearing in the course of the project which can influence the project execution.
(10.2) In particular, the recruitment or employment of employees or former employees, who are or were active in the context of the assignment execution has to be refrained before expiry of twelve months after completion of the cooperation.
Events of force majeure, which make it much more difficult or temporarily impossible to fulfil the contractual obligations, entitle the respective party to postpone its activity for the duration of disability and a reasonable start-up time. Industrial action and similar circumstances are put on a par with force majeur as far as they are unforeseeable, serious and through no fault of one's own. The parties immediately inform each other about the occurrence of such circumstances.
(12.1) Unless otherwise agreed, the contract can be discontinued at the end of a month with a preceding period of 14 days notice. The right of extraordinary contract cancellation remains untouched.
(12.2) To become effective the revocation of the contract has to be in writing.
(13.1) HBIMC has the right to retain the documents handed over to him up to the complete payment of his claims. However, this would be in bad faith if the retention would harm the client disproportionately high, balancing the interests of both contractual parties.
(13.2) HBIMC has to return all documents given to him by client or a third party on the occasion of contract execution after settlement of his claims from the contract. This does not apply to the correspondence between the parties nor for simple copies of the reports, organization charts, drawings, lists, calculations etc. made in the context of the contract provided that the customer has got the originals.
(13.3) The obligation of HBIMC to keep the documents expires six months after the delivery of the written request for clearance, otherwise three years and in case of retained documents according to § 13 paragraph 1 five years after termination of the contractual relationship.
(14.1) Rights from the contractual relationship with HBIMC may be transferred to a third party only with a prior written consent.
(14.2) The right of the Federal Republic of Germany exclusively applies to all claims from the contract.
(14.3) Changes and amendments of these conditions or the contract must be in writing and shall be expressly indicated as such.
(14.4) Place of jurisdiction for all disputes arising from the contract is that of HBIMC, if the client is a merchant, who has been entered as such in the commercial register, in the context of its commercial sector, a legal entity governed by public law or a separate property entity under public law.
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