For a large number of contracts, general terms and conditions (GTC) are used. They contain pre-formulated contract terms which become part of the agreement between the contract partners.
Contracts between Frank Eckhoff, Lynarstraße 38, 13353 Berlin, USt-IdNr .: DE314135235
– hereafter MINDFUL BWL –
and clients are exclusively closed to these general terms and conditions. Conflicting conditions of the client have no validity, as long as they have not been recognised in writing.
2. Services provided by MINDFUL BWL
- The activity of MINDFUL BWL consists – unless otherwise agreed in individual cases – in the independent and instruction-free advice of the client as a service.
- A concrete success is neither owed nor guaranteed. The client decides in sole responsibility about the time as well as the nature and extent of the measures recommended by MINDFUL BWL or agreed with MINDFUL BWL. This applies even if MINDFUL BWL accompanies the implementation of coordinated plans or measures by the client.
- The concrete content and scope of the activity to be performed by MINDFUL BWL is based on the written order. If the need for additional or supplementary activities arises, MINDFUL BWL will draw the client’s attention to this. In this case, an order extension by MINDFUL BWL also takes place in that the client requests or accepts the additional or supplementary activities.
- MINDFUL BWL bases the information and / or documents provided by the client as well as the transmitted figures in their activities as complete and correct. MINDFUL BWL is not obliged to check the correctness, completeness or regularity or to carry out its own research. This also applies if plausibility checks or valuations are to be carried out within the framework of the order issued by MINDFUL BWL, which are based solely on the information, information or documents communicated by the client and do not contain their review.
- The provision of legal or tax consulting activities is excluded as contract.
- The dissemination or presentation of written elaborations or results of MINDFUL BWL to third parties requires the prior consent of MINDFUL BWL and takes place solely in the interest and on behalf of the customer. The third party is thus not included in the scope of protection of the contract between the client and the MINDFUL BWL. This shall also apply if the third party wholly or partly pays the remuneration for the activities of MINDFUL BWL for the client or assumes them.
3. Obligations of cooperation of the client
- The client shall provide MINDFUL BWL with the information and documents necessary for the performance of the contract in their entirety and accurate in substance.
- If the client does not or not completely fulfill this duties of cooperation upon request of MINDFUL BWL, MINDFUL BWL is entitled, but not obliged, to terminate the concluded contract without notice after prior written notice. In this case, MINDFUL BWL may invoice the client either for the services actually provided up to the time of termination or instead for the agreed or forecast total remuneration minus expenses saved by the premature termination of the contract.
- The client submits a declaration of completeness to MINDFUL BWL in which it is confirmed that the information and documents provided by the client are complete and correct and that there are no clues let alone awareness or knowledge, which are likely to jeopardize their completeness and correctness.
- The services of MINDFUL BWL are – unless otherwise agreed in writing in individual cases – calculated and remunerated according to the daily rates applicable at MINDFUL BWL, plus expenses, additional costs, daily expenses.
- MINDFUL BWL is entitled to charge reasonable advances or installments commensurate with the services already provided. The consultation begins after the first advance invoice has been settled.
- If requested advance payments, instalments, payments on account or other invoices of MINDFUL BWL are not or not fully settled, MINDFUL BWL is entitled to discontinue further activities until the outstanding claim has been fully settled. In addition, MINDFUL BWL may terminate the concluded contract without notice after a written reminder has been given with the threat of termination. In this case, MINDFUL BWL may invoice the client either for the services actually provided up to the time of termination or instead for the agreed or forecast total remuneration minus expenses saved by the premature termination of the contract.
- Time and compensation forecasts of MINDFUL BWL in relation to the execution of an order represent a non-binding estimate, since the time required can depend on factors that can not be influenced by MINDFUL BWL.
- If the exceeding of the predicted amount of time or compensation is based on circumstances that are the responsibility of the client (e.g. insufficient cooperation by the client), the resulting additional expenses shall be remunerated according to the valid daily rates of MINDFUL BWL. The same applies to exceedances of up to 30% if they are based on other causes.
- If the actual processing time is more than 30% higher than the projected working time, the client has the right, after information by MINDFUL BWL, to either terminate the contract and remunerate the previously performed service at the agreed conditions or to continue the assignment and the exceeded working hours to pay on a daily basis.
5. Methods of payment as well as assignment and pledging ban
- The remuneration agreed with MINDFUL BWL is net prices, which must be paid plus applicable statutory value added tax (VAT) in Germany.
- The invoices of MINDFUL BWL are payable to the customer without deduction within one week after receipt of the invoice. Account statements, advance payments, instalments, payments on account or other advances must be transferred to the account specified by MINDFUL BWL no later than one week after the invoice has been received by the customer.
- It is agreed that MINDFUL BWL is entitled to collect the remuneration due to it by direct debit (SEPA MANDAT) during the validity of the concluded order.
- If the client is a consumer in the legal sense (German consumer protection law), he will be in default of payment due to a reminder from MINDFUL BWL, but no later than 30 days after receipt of the invoice. In this case default interest is to be paid in the legal amount.
- If the Clint is not a consumer in the legal sense (German consumer protection law), he is in default by exceeding the payment date; A reminder is not required for this. As soon as the client is in default, the default interest is 7% above the current base interest rate, but at least 10% of the total bill. In the event that the statutory interest rate is below this minimum rate, the client is entitled to prove the occurrence of a lesser interest loss.
- The Clint may only offset undisputed or legally established counterclaims against invoices of MINDFUL BWL; otherwise the set-off is excluded. If the customer is not a consumer in the legal sense (German consumer protection law), he is only entitled to exercise a right of retention if his counterclaims are legally established or undisputed.
6. Prohibition of assignment and pledging
- Claims or rights of the client against MINDFUL BWL may not be assigned or pledged without their consent.
- If the client has a legitimate interest in the assignment or pledge, this must be demonstrated before submitting a corresponding statement unsolicited.
- Oral or telephone information, explanations, advice or recommendations are made to the best of our knowledge and belief. However, they are only binding if confirmed in writing.
- Claims for damages of the client are excluded, as far as for the following reasons deviating results arise. This also applies to the representative and vicarious agents of MINDFUL BWL, if the client raises claims for damages against them.
- Liability or warranty for the success of MINDFUL BWL recommended measures is excluded. This also applies if MINDFUL BWL accompanies the implementation of agreed or recommended plans or measures.
- MINDFUL BWL is liable – if the customer is not a consumer in the legal sense (German consumer protection law) – only in case of intent or gross negligence. The amount of liability is limited to the typically foreseeable damage. Claims relating to injury to life, body or health are not subject to liability. This also applies to the representative and vicarious agents of MINDFUL BWL.
- The liability of MINDFUL BWL does not apply if the damage occurred is also due to incorrect or incomplete information or documents of the client. The same applies in the event that circumstances giving rise to liability by the client have not been notified in writing to MINDFUL BWL within 14 calendar days after knowledge has been obtained.
8. Final provisions
- Modifications or additions to the order or these General Terms and Conditions (GTC) require – with the exception of order extensions according to section 2. of these conditions – to ensure that they are in written form. A tacit change of the order or regarding these General Terms and Conditions (GTC) is excluded.
- The contract is written in German. The further implementation of the contractual relationship takes place in German. Only the law of the Federal Republic of Germany applies. For consumers in the legal sense (German consumer protection law), this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence.
- Should a regulation of the order or of these General Terms and Conditions (GTC) be or become legally ineffective, this does not affect the legal validity of the remaining regulations of the order as well as these General Terms and Conditions (GTC). In this case, a legally effective provision shall be agreed between the contracting parties which comes as close as possible to the meaning, purpose and economic aim of the ineffective clause. A similar procedure must be followed if the order or these contract conditions have an inappropriate gap that must be closed by a supplementary contract interpretation.
- The place of fulfillment for all services is the registered office of MINDFUL BWL. The exclusive place of jurisdiction for all disputes arising from the order (including those in the documentary and bill of exchange procedure and in the dunning procedure) is the registered office of MINDFUL BWL, insofar as the client is a merchant, a special fund under public law or a legal person under public law. If the client is not a merchant, the registered office of MINDFUL BWL shall also be agreed as the place of jurisdiction if the client has no place of jurisdiction in Germany or has his habitual residence and / or residence outside of Germany or relocated there or his domicile or habitual residence not known.