General Terms and Conditions

1. Contract Formation

The conclusion of contracts between the Client and hauserconsulting GmbH regarding the services to be rendered by both parties, as well as any amendments and/or supplements thereto, must be made in writing.

Contracts shall contain information on the nature and scope of the assignment, the responsible contact person on the Client’s side, the remuneration, and any other agreements applicable to the assignment.

These General Terms and Conditions shall apply in addition and shall be attached to the respective contracts. These General Terms and Conditions shall take precedence over any conflicting general terms and conditions of the Client.

 

2. Execution of the Assignment

The execution of the assignment shall be carried out in accordance with the project and implementation plan jointly agreed upon by hauserconsulting GmbH and the Client.

hauserconsulting GmbH provides services in particular in the form of training seminars and consulting. No individual assessment of participants shall take place.

hauserconsulting GmbH shall render its services through employees and/or freelance consultants.

If parts of the execution of the assignment are to be commissioned by the Client to third parties, hauserconsulting GmbH must be entrusted with the coordination of such assignments in order to ensure alignment with the conceptual requirements.

The Client shall continuously inform hauserconsulting GmbH, before and during the execution of the agreed assignment, of all circumstances that are relevant to the preparation and execution of the assignment. The Client shall designate a responsible contact person.

Unless otherwise contractually agreed, the Client shall be responsible for organizing the agreed services (premises, catering, accommodation, etc.) and for providing the materials prepared by hauserconsulting GmbH (e.g., handouts, scripts, etc.).

Services ordered by the Client and agreed upon in terms of time and content may be cancelled by the Client at any time. Unless otherwise agreed in an individual contract regarding cancellation fees, the following guidelines shall apply:

Time of Cancellation — Costs

Earlier than 4 calendar weeks before the start of the measure: No charge
From 4 calendar weeks prior: 50% of the agreed costs
From 2 calendar weeks prior: 75% of the agreed costs
From 1 calendar week prior: 100% of the agreed costs

If an appointment must be postponed at the Client’s request, the Client shall pay an administrative fee of 10% of the fee agreed for the service scheduled for that date, plus any incurred costs.

If a scheduled service cannot be provided by the consultant due to force majeure, illness, accident, or other circumstances for which the consultant is not responsible, the consultant shall be entitled, to the exclusion of any liability for damages, to provide the services at a newly agreed date.

 

3. Payment Terms

A daily fee shall be agreed for consulting services, which shall form the basis for calculating the total costs. Additional costs may arise upon agreement with the Client, e.g., material costs, license fees, or technical assistance.

Travel and accommodation expenses shall be charged separately.

Travel time shall be invoiced as follows:

Within Germany:
No remuneration for travel time

Travel to or from abroad:
From a flight time of 3 hours: 50% of a daily consulting fee
From 4 hours one-way by train: 50% of a daily consulting fee

All services are subject to statutory value-added tax (VAT).

Costs incurred and invoiced are payable in full immediately upon provision of the service without deduction.

Rights of set-off or retention against due payment claims are excluded.

 

4. Liability

hauserconsulting GmbH shall be liable to the Client within the scope of the statutory provisions.

 

5. Confidentiality / Ownership of Documents / Data Protection

hauserconsulting GmbH shall treat all business matters that become known in the course of the cooperation as confidential and shall not disclose them to third parties – including its own employees who are not involved in the respective matter. This obligation shall also be imposed on employees and subcontractors.

The Client acknowledges the consultant’s copyright to the works created by the consultant (e.g., training materials, etc.). Any reproduction and/or distribution of the aforementioned works by the Client shall require the prior written consent of hauserconsulting GmbH.

hauserconsulting GmbH shall be entitled to offer its services to competitors of the Client unless otherwise agreed.

The Client warrants that no copyrights and/or other rights conflict with the works provided by the Client for the execution of the assignment.

 

6. General Provisions

The laws of the Federal Republic of Germany shall apply.

The exclusive place of jurisdiction for all claims arising from the contract in connection with these General Terms and Conditions shall be the registered office of hauserconsulting GmbH, provided that the Client does not have a general place of jurisdiction within Germany or, after conclusion of the contract, relocates its registered office or habitual residence outside the scope of the German Code of Civil Procedure, or if its registered office or habitual residence is unknown at the time the action is filed.

Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a new provision that comes as close as possible to the legal and economic intent of the invalid clause.

The Client and hauserconsulting GmbH are entitled to use data relating to the assignment and to store and retain such data on data carriers of any kind.