Allge­meine Geschäftsbedingungen

distress Knowing Leadership 

1) Subject of the contract / scope of services

The contracts we conclude are service contracts unless expressly agreed otherwise. 

The subject of the order is the agreed service, not the achievement of a certain economic success. In particular, we do not owe a specific economic result. The services of distress Knowing Leadership are provided when the necessary examinations, analyzes, workshops, trainings, coachings and the resulting conclusions have been worked out with the client. It is irrelevant whether or when the conclusions or recommendations are implemented. 

distress Knowing Leadership is entitled to contract execution assistants, expert third parties and other vicarious agents to use, where he always remains the client directly committed. distress Knowing Leadership decides at its sole discretion which employees to use or exchange. Legal and tax advice is neither promised nor provided by us under the applicable provisions. These services are to be provided by the client himself. 

We render our services on the basis of the data and information provided to us by the client. The guarantee for the factual accuracy and completeness lies with the client. 

2) performance changes

Subsequent changes and additions to the order or the essential work results must be in writing to be effective. Meeting minutes and project news will do justice, provided they are signed by the plenipotentiaries of both sides. 

distress Knowing Leadership is obliged to carry out subsequent changes requested by the client, if this is possible without additional costs or delays. Otherwise share distress Knowing Leadership within 14 days the details of the additional work required. If the client does not confirm the change within a further 14 days in writing, the change request shall be considered as canceled. 

3) Confidentiality / Privacy

distress Knowing Leadership is obliged to maintain secrecy even after completion of the order of all business or client-related facts that become known to him in connection with the execution of the order. Without the written consent of the client, he may neither pass them on to third parties nor exploit them for himself. This also applies to written statements, in particular order-related reports or recommendations. 

distress Knowing Leadership is authorized, in the context of the purpose of the order, to process the personal data entrusted to it in compliance with the data protection provisions or to have it processed by third parties. 

4) Remuneration / Terms of Payment / Offsetting

Unless otherwise agreed, all above-mentioned fees plus travel, expenses and statutory VAT are understood. This also applies to fixed price offers. 

The fee for the services of distress Knowing Leadership is calculated according to the time spent on the activity (time fees) or agreed in writing as a fixed price. Fixed price offers are also service offers. Fixed prices are therefore charged on a pro rata basis over the project period. For larger projects, a first installment of 30% of the estimated contract amount may be required upon order completion. A fee to be paid according to the degree of success or only in case of success is always excluded. The fee rates agreed upon placing the order apply for one year. 

All claims are due with billing and are payable immediately without deductions. The legal value added tax must be added to all price details and shown separately in the invoice. 

5) Warranty

distress Knowing Leadership performs all work with the utmost care in compliance with the professional principles of the Federal Association of German Management Consultants BDU eV and always based on the individual situation and the needs of the client. 

distress Knowing Leadership ensures that the surveys, analyzes and workshops correctly and completely reflect the situation of the company with regard to the question. 

The conclusions and recommendations to be derived from the investigations are made to the best of our knowledge and according to the recognized rules of science and practice. The presentation of the recommendations takes place in an understandable and comprehensible way. 

The client is entitled to rectification of any defects. After two failed attempts at rectification, the client is entitled to the statutory rights. 

The claim for elimination of defects must be asserted by the client immediately in writing. Obvious defects shall be deemed approved if they are not reported in writing within 2 weeks after completion of the work. The claims of the preceding paragraph expire six months after completion of the work.  

6) Failure and prevention

The client may withdraw from these at any time prior to the start of agreed events (eg consulting, training and workshop days). Decisive is the receipt of the declaration of withdrawal. This can be done in writing, orally, by fax or via online services. Cancellation of the event will result in cancellation fees of up to 100% of the event price. The amount of the cancellation fee depends on how quickly the event was canceled by the client. This results in a flat rate of the following cancellation fees for consultation, training and workshop days: 

* bis 90 Tage vor Veran­stal­tungs­be­ginn keine Stornogebühr
* 89 — 46 Tage vor Veran­stal­tungs­be­ginn 50% des Veranstaltungspreises
* 45 - 0 days before the start of the event 100% of the event price 

Für Coach­ing-Sitzun­gen gelten die folgenden Bedingungen:
* bis 4 Werktage vor der Coach­ing-Sitzung keine Stornogebühr
* 3 — 2 Werktage vor der Coach­ing-Sitzung 50% des Honorarsatzes
* 1 - 0 working days before the coaching session 100% of the fee rate 

The coachee is responsible for the timely receipt of the cancellation. If the coachee fails to schedule a coaching session on time, the abovementioned cancellation policy applies to coaching sessions. The coachee is allowed to prove that the coach has suffered damage either not at all or at a significantly lower level.  

7) Liability

Our liability for the proper provision of services is limited to the owners and to the respective service provider. 

8) Schutz des geisti­gen Eigentums von Not Know­ing Leadership

The client warrants that within the scope of the contract of distress Knowing Leadership produced reports, organization charts, drafts, drawings, constellations and calculations are used only for its own purposes and not without the explicit consent in the individual case to be published. 

The use of the consulting services provided for companies affiliated with the client requires a separate written agreement. 

As far as work results are copyrighted, remains distress Knowing Leadership Copyright. In such cases, the client receives the right of use limited to the work results, which is limited only by the first sentence of paragraph 1, otherwise unlimited in time and place, irrevocable, exclusive and non-transferable. 

9) Force majeure

As far as the project staff of distress Knowing Leadership - in the determination of individual tasks unpredictable - fail, is distress Knowing Leadership berechtigt, die Erfül­lung ihrer Verp­f­lich­tun­gen um die Dauer der Verhin­der­ung und um eine angemessene Anlaufzeit hinauszuschieben.

Events of force majeure, which make the service substantially more difficult or at times impossible, entitle the respective party to postpone the performance of the service by the duration of the hindrance and a reasonable start-up time. Force majeure is equal to labor disputes and similar circumstances insofar as they are unpredictable, serious and without fault. The parties immediately inform each other of the occurrence of such circumstances. 

10) Other

Für alle Ansprüche aus dem Vertrag gilt ausschließ­lich das Recht der Bundes­rep­ub­lik Deutsch­land. Änder­ungen und Ergän­zun­gen dieser Bedin­gun­gen bedür­fen der Schrift­form und müssen als solche ausdrück­lich geken­nzeich­net sein.

If the provisions of these General Terms and Conditions are or become invalid in whole or in part, the remaining provisions shall not be affected thereby. The parties undertake to replace the ineffective regulations immediately with effective ones. 

Jurisdiction, as far as permissible, and place of fulfillment is Bremen.

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