General Terms and Conditions of Business of DK WirkungsConsulting, proprietor Dr. Dirk Krause, Barbarossastr. 44, 10779 Berlin, Germany, dated 01/01/2015
1. Contract drafting
1.1 Contracts between our Clients and DK WirkungsConsulting regarding performance to be provided by each party, as well as any amendments and/or additions, shall be concluded in writing. These general terms and conditions of business also apply.
1.2 These terms and conditions take precedence over conflicting general terms and conditions of the Client.
1.3 Our quotations are binding for a period of 30 days.
1.4 An order is considered to have been placed when an appointment is agreed.
2. Services provided by DK WirkungsConsulting
2.1 DK WirkungsConsulting provides services in the form of coaching, seminars, lectures and consulting.
2.2 The scope, form, subject and target of the coaching and training services are specified in the contract between the Client and DK WirkungsConsulting.
2.3 The services from DK WirkungsConsulting are performed by qualified coaches and trainers. The provision of the service is not tied to a specific individual. DK WirkungsConsulting may on significant grounds send a person other than the one agreed upon to provide the service. DK WirkungsConsulting will ensure that this person has the necessary qualifications.
3. Fees and costs
3.1. The first contact meeting with the trainer or consultant is free of charge. Further contact meetings usually involve consultancy services to the Client and shall be charged at our daily rates.
3.2. A daily or fixed fee shall be agreed for seminars. One seminar day usually consists of 7 hours of instruction.
3.3. A daily fee is agreed per day or part thereof for meetings, analysis, consulting preparations and other tasks carried out with the Client or third parties. For hourly services, the hourly fee is 1/8 of the daily fee.
3.4. Travel and subsistence costs are charged separately. These are composed of the following: Flight (economy in Europe, business outside Europe). Train 1st class (BahnCard 50); car EUR 0.70/km or costs incurred for rental cars; hotel costs on provision of verification; meals with a lump sum of EUR 30 per person per day. For travel time exceeding 4 hours we charge a lump sum of 1/3 of our daily fee.
3.5. In the case of seminars, a master copy of the relevant documents is included in the price. We do also produce course handouts upon request at a price of 30 EUR per participant.
3.6. All prices are subject to the addition of the applicable statutory value added tax.
3.7. Cancellation of agreed appointments by the Client is free of charge up to six weeks before the start of the event. After that we charge 50% for cancellation, and for cancellation less than three weeks in advance we charge 100% of the fee. This amount may also be subject to cancellation fees for hotels, flights, rental cars, etc.
3.8. Invoices are payable without discount within 14 days. Bank charges are borne by the Client. For longer-term contracts, services are charged on a monthly basis. Upon completion of in-house seminars, invoicing takes place immediately upon conclusion.
3.9. All off-set rights and rights of retention against payments due are excluded.
4. Terms and conditions for open seminars
4.1. Immediately after sending your application you will receive an order confirmation. Invoicing takes place approx. 3 weeks in advance of the seminar and is payable immediately and without deduction.
4.2. Companies that register three or more participants for a seminar receive a 10% discount on the seminar fee.
4.3. Seminar costs include materials, coffee breaks, lunch and drinks.
4.4. Cancellation of the application by the Client is free of charge up to three weeks prior to the event date. After this, or in case of no-show by the participant, we shall charge the full seminar fee. Any cancellation shall be in writing. A replacement person may take the place of the registered seminar participant at any time. In case of a cancellation before the time limit and an immediate new booking for the same seminar at an event within the following six months, 50% of the price of already paid seminar fee shall be discounted from the price of the new seminar.
4.5. In the case of modular seminars, the full seminar fee for all modules is due prior to the commencement of the first module. It is not possible to refund fees due to a proportion of participants failing to take part in the modules, because it is no longer possible to fill spaces in these seminars with other individuals.
4.6. DK WirkungsConsulting reserves the right to cancel or reschedule the seminar up to 3 weeks prior to the planned commencement of the seminar, particularly in case of events that make the provision of the services technically or economically unreasonable for DK WirkungsConsulting. Participants will be informed immediately. Further claims are excluded.
5. Assurance of services
5.1. The Client acknowledges the copyrights of DK WirkungsConsulting and the trainer with regard to the works provided by them (training manuals, contents of lectures). The same applies to audio or image works of the training contents. Duplication and/or distribution of the aforementioned works by the Client requires prior written consent from DK WirkungsConsulting or the trainer; this also applies to an internal repeat of the training course or lecture at the Client's premises.
5.2. The Client provides assurance that any works provided by them for the completion of the order are not subject to copyrights or any other laws. The material prepared by the trainer shall be made available to the seminar participants by the Client in accordance with the provisions in section 5.1.
5.3. The Client shall inform the trainer about all circumstances prior to and during the implementation of the agreed measures, where these are of significance to the preparation and implementation of the order. The Client shall designate a responsible individual as a point of contact.
5.4. DK WirkungsConsulting will maintain strict confidentiality over all business-related processes which are made known to him as a result of his cooperation with the Client, also after completion of the order.
5.5. DK WirkungsConsulting is entitled to offer its services to competitors of the Client. In doing so, DK WirkungsConsulting will not use or distribute to third parties any information that the Client has defined as being confidential in nature.
5.6. If it should be impossible for a trainer to keep an appointment for the provision of services due to force majeure, illness, an accident or any other circumstance which is not the fault of the trainer, DK WirkungsConsulting is entitled to provide the same services on the occasion of a newly agreed appointment within 6 months of the original appointment to the exclusion of any liability for damages. Any further claims on the part of the Client for damages, cancellation costs or travel costs/time incurred by the participants are excluded, unless DK WirkungsConsulting or one of its trainers is guilty of gross negligence or intent.
6. Liability
6.1. DK WirkungsConsulting shall be liable to the Client, regardless of the legal grounds, for damages resulting from intent or gross negligence on the part of its employees. Liability for slight negligence only exists in the event of an infringement to essential contractual obligations. In this case, liability for any loss that is atypical of this type of contract is excluded.
6.2. The liability of DK WirkungsConsulting for damages arising from erroneous advice is limited, unless the consultant can be shown to have demonstrated intent or gross negligence, to the rate of the consultancy fee and in all cases to a maximum sum of EUR 25,000 per damage instance.
6.3. Contractual claims for damages on the part of the Client against the consultant shall be time-barred after one year. The start of this period is subject to legal conditions.
7. General provisions
7.1. In the event that any of these general terms and conditions prove ineffective or become so, all other provisions shall remain in full force and effect. The parties shall replace such provisions with effective substitute provisions, which reflect insofar as possible the intentions of the original ineffective provisions.
7.2. German law applies exclusively to these terms and conditions, as well as the implementation thereof.
7.3. The exclusive place of jurisdiction for all claims arising from the contract between the Client and DK WirkungsConsulting or from these terms and conditions is the seat of DK WirkungsConsulting, insofar as this is legally permissible.
