1 Scope of the general rules
1.1 These provisions apply to all product deliveries and consulting services of Eisenschmidt Consulting Crew GmbH, regardless of their content and legal nature.
1.2 Insofar as consulting contracts or offers from Eisenschmidt Consulting Crew GmbH contain provisions that deviate from the following general terms and conditions, the individually agreed contractual rules shall take precedence over these general terms and conditions.
2 Customer cooperation
2.1 In order to provide Eisenschmidt Consulting Crew GmbH with the desired
To enable professional work, the client commits to providing Eisenschmidt Consulting Crew GmbH with business, organizational, technical and
to provide comprehensive information about the competitive situation of his company.
2.2 Supplied by Eisenschmidt Consulting Crew GmbH
Interim results and reports are reviewed by clients immediately to verify the accuracy of the information they contain about the client and/or their company; any necessary corrections or change requests are communicated to Eisenschmidt Consulting Crew GmbH without delay.
communicated in writing or orally.
2.3 The customer shall designate a responsible contact person to Eisenschmidt Consulting Crew GmbH before the execution of a project, if such a request is made in individual cases.
3 Customer data backup
3.1 If the services undertaken by Eisenschmidt Consulting Crew GmbH involve work on or with the customer's IT equipment, the customer shall ensure in good time before the start of the work that recorded customer data can be reconstructed from machine-readable data carriers with reasonable effort in the event of destruction or falsification (data backup).
3.2 Eisenschmidt Consulting Crew GmbH accepts no liability for the loss of customer data.
4. Retention of title, copyright
4.1 Eisenschmidt Consulting Crew GmbH retains ownership of the delivered products until all current and future claims arising from the business relationship with the customer have been paid in full.
4.2 If the customer defaults on payment, Eisenschmidt Consulting Crew GmbH is entitled to demand the return of the products delivered under retention of title, without this constituting a withdrawal from the contract.
4.3 Offer and training materials, as well as concepts and product documentation (e.g., for workshops and seminars, and software solutions), remain the property of Eisenschmidt Consulting Crew GmbH. Eisenschmidt Consulting Crew GmbH also reserves all copyrights and other intellectual property rights in this respect.
5 Liability
5.1 The liability of Eisenschmidt Consulting Crew GmbH for damages that are not based on intentional or grossly negligent conduct on the part of Eisenschmidt Consulting Crew GmbH and its employees is excluded.
Terms and Conditions
6. Early termination of contract, remuneration
6.1 Eisenschmidt Consulting Crew GmbH grants the client the right to terminate the consulting agreement prematurely. Premature termination does not affect agreed confidentiality obligations or other post-contractual duties of loyalty.
6.2 For services rendered by Eisenschmidt Consulting Crew GmbH up to the receipt of a notice of early termination, the client shall pay Eisenschmidt Consulting Crew GmbH the agreed fee and expenses. For contractual services not rendered thereafter, the client shall pay 15% of the pro rata fee, unless the client proves that Eisenschmidt Consulting Crew GmbH incurred a lesser loss as a result of the early termination.
6.3 The provisions of section 4.2 shall apply accordingly if Eisenschmidt Consulting Crew GmbH terminates the contract for good cause.
7. Cancellation policy, rescheduling
7.1 The customer may cancel a workshop/seminar up to two weeks before the start of the respective seminar. For cancellations up to one week before the start of the seminar, half of the seminar fee is due; thereafter, the full seminar fee is due.
7.2 To meet the deadline, cancellations must be submitted in writing by post or email.
7.3 Eisenschmidt Consulting Crew GmbH is entitled to cancel a seminar for organizational or other reasons, such as insufficient participation or illness of the instructor. In this case, the customer will be notified immediately and the fee paid for the cancelled seminar will be refunded. 7.4 The postponement of a seminar that has been firmly agreed upon or is otherwise notified by Eisenschmidt
Rescheduling of confirmed dates within a project or workshop by Eisenschmidt Consulting Crew GmbH is possible up to three weeks before the respective event; shorter-notice rescheduling requires the consent of Eisenschmidt Consulting Crew GmbH. For rescheduling up to two weeks before the confirmed date, half of the agreed daily fee is due; for rescheduling after that time, the full daily fee is due.
7.5 To meet the deadline, requests for postponements must be submitted in writing by post or email.
8. Invoicing, Payment
8.1 The costs will be invoiced either after each service has been rendered or monthly.
8.2 Invoices issued by Eisenschmidt Consulting Crew GmbH in accordance with the contract are due for payment immediately without deduction of any discount.
9 Place of performance, place of jurisdiction
9.1 The place of performance and jurisdiction is Kiel, provided the customer is a merchant.
Eisenschmidt Consulting Crew GmbH
Kanalstraße 77 24159 Kiel
Tel.: 0431 / 600 86-0
Fax: 0431 / 600 86-11
Email: info@ec-crew.de