Status: July 2019
General Terms and Conditions of Movendo Consulting GmbH
You have chosen a product from Movendo Consulting GmbH, thank you very much!
The following information is intended to give you an overview of the general conditions of our work.
I. What do these conditions apply to?
(1) These General Terms and Conditions (GTC) apply to your assignment in which we develop ideas and solutions for you. We normally advise companies on the planning, preparation and implementation of business or professional decisions and projects, particularly in the areas of strategy and human resources. However, we also advise individuals. The GTC also apply to this, and also if you take part in one of our seminars or order something from us that you can touch like an object. At the same time, the GTC provide you with the necessary consumer information.
(2) Your terms and conditions – if you have any – shall only apply if this has been expressly agreed in writing. We have to do this because otherwise we would not be able to perform our work uniformly for all our customers.
II. What do we do for you?
(1) We provide the agreed consulting services described in your order, but we cannot achieve any specific economic success and we do not create a workpiece. Our services are rendered when we have prepared and explained to you the necessary analyses and the resulting conclusions and recommendations. However, it does not matter whether or when the conclusions or recommendations are implemented. This is not under our control.
(2) If you ask us, we will provide you with information about the current status and write you a short report that should reflect the essential content of the process and results of our work. However, if you ask us for a comprehensive written report that you would also like to show to other people, we need a separate order. This must then be paid for separately. Otherwise we would not be able to concentrate enough on the actual consultation.
(3) In our surveys and analyses, we will reflect your situation or that of your company as accurately and completely as possible. However, if we receive data, details and information from other people or companies, we will only check them for plausibility. Otherwise we will not make any progress. We always make our recommendations in such a way that they are understandable and comprehensible.
(4) Unless otherwise agreed with you, we may seek help for our joint projects from people we think will be helpful, but we remain committed to you as described above.
III What happens if something changes?
(1) If you ask us during the project whether we can change something about the question, we will do so and adapt our work accordingly if, in our opinion, this does not lead to too much additional work. Otherwise, we will need a new assignment or we will adapt the existing assignment because otherwise the project will no longer be worthwhile for us. A new order may also be necessary to check how much more work is required.
(2) As long as we do not have a new or amended order in such a case, we must carry out the work for the time being without taking your change requests into account.
(3) An order or change is only valid for us if you and we have written down in a document what you and we want and that we are prepared to do it that way. This can also happen, for example, when minutes of meetings are signed by you and us.
(4) If something happens in the course of the work that makes it impossible for us to complete it, but over which we have no influence (“force majeure”), then we can adjust your order so that we are able to work again. This applies, for example, to strikes or natural disasters. We will of course inform you of such events immediately.
IV. What happens to your data?
(1) We will maintain secrecy about all your confidential information or business and trade secrets that become known to us in connection with the project. However, this does not apply to facts that are obvious or generally known or if it would be unreasonable to keep them secret. It also does not apply if we have to disclose the facts in state proceedings or to enforce or defend against claims arising from the contractual relationship. We will only disclose the facts to other people who are not involved in our projects with your written consent. You can find our privacy policy with many other regulations that protect you on our homepage.
(2) When we work together and even before that, when we prepare our collaboration, we may request, store and process the necessary data from you. However, we do not pass it on to other people who are not involved in our projects – unless you say that we are allowed to do so. The details are set out in our privacy policy, which you can find on the homepage.
(3) If we do our work in a workshop or in another way where people come together, we would also like to report about it on social media and elsewhere. We think this is important because it allows other interested people to get an impression of our work. We can assume that you agree to photos and films of you being taken and published. You can of course say in the workshop that you don’t want this, in which case no photos will be taken of you.
IV. How can you help us?
(1) In order for our project to function properly, you must provide us with all documents and information that are important for our work in good time. If we have any doubts about this, we may ask you for a letter. In this letter you confirm that you have given us all the documents and information in good time. It would also be good if you would support us in our work to the best of your ability.
(2) We agree that we will treat each other with loyalty in our joint work and inform each other quickly about all events that are important for the work and may change it.
V. What do you owe us?
(1) Our fee either depends on how many hours it took us to do the work (“time fee”), or we agree on a fixed price. What we don’t do is agree a price that gets bigger or smaller depending on whether you think our work or the results are good or bad.
(2) In addition to the fee, we shall be reimbursed by you for our expenses, unless we have exceptionally agreed beforehand that the fee covers the expenses.
(3) If we have not agreed a price for the individual hours, our current price list shall apply. We will always provide you with the current version of this. For orders that we agree with you in the last quarter of a year, their prices also apply for the following year.
(4) If our fee significantly exceeds the usual market prices, you can terminate the contract. However, you can also terminate the contract if the situations described in the sections of the German Civil Code (620 ff.) occur.
VI How do we issue our invoices?
(1) We will send you a monthly invoice detailing our working hours, fee and expenses. Unless otherwise stated in the order or invoice, you must pay immediately. After all, we have already done our work.
(2) Taxes are not included in our prices and invoices, you have to pay them additionally. We include them separately in the invoices.
(3) If several people or companies have placed the order on your side, we can choose to whom we send the invoice.
(4) If you think you should get money from us, you can only deduct it from our bill if we have said that we have no objection or if a court has confirmed that you must get the money from us.
VII. What happens if something goes wrong?
(1) If people who work for us have caused damage to you, we will generally compensate this damage. However, if these people have only made minor mistakes (the German Civil Code refers to this as “slight negligence”), we will only compensate the damage if the people have made the mistakes in work that is so important that we could not successfully complete the project without them.
(2) Otherwise, we are only liable for damage caused by the people who work for us making major mistakes or even deliberately doing something wrong (referred to in the German Civil Code as “gross negligence” and “intent”). Our liability is limited to damage that you would have had to expect if you were to look at the work with a normal eye and understanding. However, this does not apply if the damage affects a person’s life, body or health. Not being liable for this would be prohibited by law.
(3) We must also limit the amount of our liability so that our risks do not become immeasurable. For this reason, the maximum amount we will pay for a single claim is limited to 50,000 euros. By a single loss we mean the sum of the claims of all claimants arising from a single piece of work with a clearly definable and uniform result that we have completed in a coherent timeframe.
(4) If you implement our recommendations in a way that was not intended by us and you could have known this with a normal eye and understanding, we are not responsible for any damage resulting from the implementation.
(5) If you are of the opinion that we must compensate you for damage, you must write to us within one year of noticing the mistake and the damage, unless we have made a particularly serious mistake or deliberately caused you damage (“gross negligence”, “intent” or “malice” within the meaning of the German Civil Code). If you did not notice the damage because you were not paying attention and this inattention itself constitutes a fault (“gross negligence” in the German Civil Code), we will count the time from the day you would have seen the fault and the damage if you had been paying attention. However, we do not have to compensate you for damage that you write to us about more than 5 years after it occurred.
(3) We shall not be liable for more than is stated here, and the limitations contained here shall also apply if it is not our company but the people who work for us who have to pay you for damage.
VIII. How do we protect our ideas and solutions?
(1) The advice and information that we give you as a result of our work may be, for example, reports, organizational plans, drafts, drawings, lists or calculations etc.. These documents may not be passed on and may only be used for our joint work. This is because these are our production results, which we must protect. You may also only pass them on to sister companies and other similar companies if we have given our prior written consent.
(2) We remain the author and owner of the results of our work. You only have a limited right to use the results as described in the first paragraph. You may not transfer this right to other companies or people.
IX. How can you give notice?
(1) We want you to feel comfortable working with us and think that working with us only makes sense if everything fits. You can therefore terminate the contract with us at any time, unless we have agreed otherwise in the order. We can terminate the contract with 14 days’ notice to the end of the month. In particularly important cases, however, we can also terminate the contract immediately.
(2) If you cancel after we have already worked on something, we will of course charge you for it. However, you will not have to pay the full price unless the work has already been completed.
(3) In such a case, we may also make it easy for ourselves and – instead of proceeding as described in (2) – simply charge half of the remuneration for the work. If no remuneration has yet been agreed, we may demand half of what is customary for such work.
(4) If you cancel before we have started work, or if we are unable to start for other reasons beyond our control, we may charge a quarter of the remuneration agreed in the order – and if we can prove that this will cost us even more money, we may charge more accordingly.
X. What happens when you have paid?
(1) Until you have paid everything, we may keep our ideas and solutions to ourselves. Of course, this does not apply if a court has awarded you a claim to it.
(2) After you have paid for everything, we will send you back all the documents you have given us for the work if you write to us within 6 months of payment, and of course our ideas and solutions if this has not already happened during the work. We may of course keep copies of the documents we have written.
(3) We keep all documents for a maximum of 5 years after payment. Otherwise we use up too many resources in the office.
XI. What else is important?
(1) If you or we want to change something in the order, this will only be effective if we agree to it in writing. Telephone, fax or email is not sufficient.
(2) If you receive something from the order from us, you may not simply give the claim to someone else, unless we have written to you that we agree to this.
(3) Only German law applies to our work. If we have a dispute about the order, which we hope will not happen, we will do so in the court that has jurisdiction at our company address, unless other laws state that only another court is eligible.
(4) If one of the provisions in these GTC should be invalid, the others shall nevertheless continue to apply. You and I will then replace the invalid provision with a similar one that says as much as possible the same thing.
