Terms & Conditions
Last Update: 7.9.2025
1. General
1.1 These terms and conditions apply in addition to the contracts concluded individually between the client and the consultant.
1.2 These terms and conditions, insofar as agreed, take precedence over any conflicting general terms and conditions of the client.
2. Services provided by the consultant
2.1 The consultant provides his services himself, through employees and/or freelancers. Details are regulated in the respective contract with the client.
2.2 The scope, form, subject matter, and objective of the services are specified in detail in the respective contract between the client and the contractor.
2.3 The consultant provides services in particular in the form of training courses, workshops, and the preparation of documents for the client.
3. Fees and costs
3.1 A daily fee is agreed for each day or part thereof for meetings, analyses, preparations, and other tasks to be carried out jointly with the client or third parties.
3.2 A daily or flat fee is agreed for measures.
3.3 Special fee agreements shall be made for measures carried out on weekends and/or public holidays.
3.4 Travel and accommodation costs shall be charged separately.
3.5 All services are subject to statutory value added tax.
3.6 The agreed fees and any costs already incurred shall be invoiced before the service is performed. Fees are payable in full without deduction upon placement of the order (50%) and upon completion of the order (50%). Costs incurred and invoiced by the consultant are payable immediately without deduction.
3.7 A right of set-off or retention shall only apply insofar as a claim has been legally established or is undisputed or arises from the same contractual relationship.
4. Securing services
4.1 The client acknowledges the consultant’s copyright to the works created by the consultant. The same applies to audio or video recordings of the work. Any reproduction, use, or distribution of the aforementioned works by the client requires the prior written consent of the consultant.
4.2 The client warrants that the works provided by him for the execution of the order are not subject to any copyright or other rights. The material prepared by the consultant shall be made available to the participants in the measure by the client in accordance with the provisions of clause 4.1.
4.3 The client shall keep the consultant informed before and during the agreed measure(s) of all circumstances that are relevant to the preparation and execution of the order. A responsible contact person shall be named by the client.
4.4 The consultant undertakes to maintain confidentiality regarding all business-related processes that become known to them through their cooperation with the client, even after completion of the assignment.
4.5 The consultant is entitled to subsequently offer their services to competitors of the client, unless otherwise agreed.
4.6 If the Consultant is unable to meet a deadline for the provision of services due to force majeure, illness, accident, or other circumstances beyond the Consultant’s control, the Consultant shall be entitled, to the exclusion of any liability for damages, to make up for the services at a new date to be agreed within 6 months of the missed deadline.
4.7 If the client is unable to attend a training session, the consultant shall endeavor to fill the appointment with another client. If this is successful, only a processing fee of 10% of the fee and any costs incurred shall be payable. If the appointment cannot be filled with another client, the following cancellation fees shall apply
– 61 or more days before the agreed and commissioned appointment, 50%
– 60 to 31 months before the agreed and commissioned appointment, 75% and
– 30 days before the agreed and commissioned appointment, 100%
of the fee plus any costs actually incurred in accordance with clause 3.
5. General provisions
5.1 Should individual provisions of the contract or these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties shall then implement the provisions with a valid replacement provision that comes as close as possible to the purpose pursued by the invalid provision.
5.2 These terms and conditions and their implementation shall be governed exclusively by German law.
5.3 The exclusive place of jurisdiction for all claims arising from the contract between the client and the consultant under these terms and conditions shall be the registered office of the consultant, to the extent permitted by law. This shall also apply if
a) the client does not have a general place of jurisdiction in Germany, or
b) the client moves its registered office or habitual residence outside the scope of application of the Code of Civil Procedure after conclusion of the contract, or its registered office or habitual residence is unknown at the time the action is brought.
