(As of May 21, 2021)
§ 1 principles
(1) These general terms and conditions regulate the framework conditions for the provision of services and work by the engineering office Vonstein & Partner, hereinafter referred to as the contractor.
(2) The specific modalities of the respective order are agreed by means of an offer submitted by the contractor or an order submitted by the client.
§ 2 Provision of the service
(1) The contractor undertakes to carry out the order with the necessary care. In doing so, the contractor will observe the generally recognized rules and the standards and procedures specifically applicable in each individual case. This also applies to the employees employed by the contractor.
§ 3 remuneration
(1) The contractor receives remuneration from the client for the provision of his service, which is agreed in the context of the respective offer / order.
(2) The method of payment for fixed-price orders is agreed in the context of the respective offer or order. In the case of orders based on time expenditure, payment will be made no later than 15 days after the contractor has issued a proper invoice.
(3) The remuneration for work is based on Section 4 Para. 4.
(4) The remuneration for seminars and training courses is based on Section 5 Para. 1.
(5) The remuneration for advice and coaching is based on Section 6 Para. 1.
§ 4 work performance
(1) In the event that the contractor provides work in accordance with §§ 631 ff BGB, he will immediately notify the client of the completion of the agreed partial services and the entire service.
(2) The client will check the service immediately. It is deemed to have been accepted if the client does not notify the contractor in writing of the defects found within thirty days after notification of completion. If defects are found, the client will set the contractor a reasonable grace period to remedy the defect. If this grace period has expired without result, the client is entitled to refuse the subsequent improvement by the contractor and to carry out a replacement at the contractor’s expense.
(3) At the request of both parties, partial acceptances can also take place, which must be agreed in writing. The same applies to agreements on deviating handover and acceptance provisions for individual services. Reservations during acceptance due to known defects must also be made in writing.
(4) Payment is made after acceptance of the service or partial service. Advance payments can be agreed.
§ 5 Seminars and training courses
(1) Seminars and training courses must be booked in advance. Each participant receives a booking confirmation and an invoice, which must be paid no later than 30 days before the start of the booked event.
(2) Seminars and training courses can be canceled or postponed for compelling reasons or if a minimum number of participants is not reached. In this case, the participants will be notified immediately.
(3) In the event of an event being canceled, fees already paid will be reimbursed. If you cancel up to 21 days before the start of the seminar, the seminar fee will be reimbursed minus a processing fee of 20%. If you cancel later than 21 days before the start of the training or if you do not show up, the full fee will be charged.
(4) Instead of the registered participant, a substitute participant can be named at any time
(5) Further claims are excluded.
§ 6 Advice and coaching
(1) Consulting and coaching services are generally agreed for a defined period and scope and at a fixed price. The resulting invoice must be paid in advance.
(2) Commercial customers and their employees have no right of revocation after using the service for the first time.
§ 7 confidentiality
(1) The contractor has all business matters in connection with the respective order as well as all information and documents that are made available to the contractor in the context of the cooperation with the client or are otherwise known, both during the duration and after completion of the order Keep silent.
(2) The in para. 1 also apply to the client.
§ 8 Loyalty Obligation
(1) Contractors and clients undertake, neither directly nor indirectly, to poach employees, managing partners, freelancers or other contractual partners and to establish an employment relationship, freelance work relationship or other contractual relationship with them.
§ 9 Property Rights
(1) The contractor and client agree that the client is entitled to all copyrights, patents and trademarks as well as other intellectual and / or commercial property rights arising in connection with the execution of individual orders, insofar as there are no compelling statutory provisions to the contrary. If and to the extent that such rights cannot be fully transferred to the client, the contractor hereby grants the client a free, exclusive right of use.
§ 10 liability
(1) The contractor’s liability is limited to willful intent and gross negligence, provided that no cardinal obligations, the fulfillment of which is necessary for the proper execution of the respective order and which may be relied on, are affected and no damage from injury to life or body or health or claims under the Product Liability Act exist.
(2) Liability for indirect and unforeseeable damage, loss of production and use, lost profit, lack of savings and financial loss due to third party claims is excluded in the case of slight negligence with the exception of injury to life, limb or health.
(3) Liability according to Paragraph 1 is limited to the foreseeable damage typical for the contract and, in the case of slight negligence, to a maximum of the order value of the respective offer.
(4) Insofar as liability is excluded or limited, this also applies to the personal liability of the contractor’s own employees and representatives, organs and vicarious agents of the contractor.
(5) All methods, procedures and information conveyed in seminars and training courses as well as in the context of advice and coaching are to be assessed independently with regard to their application to company-specific issues. The contractor prepares his respective service very carefully; however, there is no liability for any damage that may arise directly or indirectly through the use of the methods, procedures and information provided by the contractor.
§ 11 data protection
(1) Contractors and clients undertake to maintain data secrecy in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). They are aware that it is forbidden to process, disclose, make accessible or otherwise use protected personal data without authorization for any purpose other than that belonging to the respective lawful fulfillment of tasks.
(2) The contractor’s data protection declaration is available here (please click).
(3) Contractors and clients will also commit all of their employees to data secrecy in writing.
§ 12 Compliance with the Minimum Wage Act (MiLoG)
(1) The contractor assures the client that the employees employed by him will comply with the MiLog regulations.
(2) Insofar as the client is made liable for his employees’ violation of the provisions of the MiLoG, the contractor shall indemnify the client from the resulting financial damage.
§ 13 General Provisions
(1) The contractor has the right to unilaterally change these terms and conditions. In such a case, the contractor will inform the client of these changes and grant him a six-week right of objection. If the client does not object within this period, the new, amended terms and conditions apply to him.
(2) Changes to the terms and conditions and the order must be made in writing; this also applies to the cancellation of this text form clause.
(3) The applicability of any general terms and conditions of the client is fundamentally excluded, but can be agreed individually in the context of the respective offer or order.
(4) These terms and conditions as well as the offers and orders based on them are exclusively subject to the law of the Federal Republic of Germany, with the express exclusion of the UN Sales Convention (CISG) and the conflict of laws of international private law.
(5) The place of jurisdiction is – insofar as this is permissible – Brilon.