As of: July 2019
General Terms and Conditions of Movendo Consulting GmbH
Thank you for choosing a product from Movendo Consulting GmbH!
The following information will provide you with an overview of the general terms and conditions of working with us.
I. What do these terms and conditions apply to?
(1) These terms and conditions (GTC) apply to your order where we develop ideas and solutions for you. Normally, we advise companies on the planning, preparation and execution of entrepreneurial or professional decisions and projects, especially in the areas of strategy and personnel. We also advise individuals. The terms and conditions also apply if you participate in a seminar event run by us or order something tangible from us such as a physical product. At the same time, the terms and conditions give you the necessary consumer information.
(2) Your terms and conditions - if you have any - apply only if we have expressly agreed to this in writing. We have to do it in this way because otherwise we would not be able to carry out our work uniformly for all our clients.
II. What do we do for you?
(1) We perform the agreed consulting work described in your order but we cannot achieve any specific economic success and we do not create a workpiece as defined in German law. Our services are completed when we have prepared and explained the necessary analyses and the resulting conclusions and recommendations. It does not matter if or when the conclusions or recommendations are implemented. That is not subject to our influence.
(2) If you ask us, we provide information about the current status and also write a short report which should reflect the essential content of the sequence and results of our work. However, if you ask us for a comprehensive, written report that you would like to show to other people, we need a separate assignment. This has to be paid extra. Otherwise, we could not focus so much on the actual consulting assignment.
(3) In our surveys and analyses we will reflect your situation or that of your company as correctly and completely as possible. But if we receive data, information and information from other people or companies, we will only check for plausibility. Otherwise we will not be able to make progress. In any case, we give our recommendations in such a way that they are understandable and easy to follow.
(4) Unless otherwise agreed with you, we can draw on the support of people who we believe are helpful in our joint projects but we remain obligated to you as described above.
III. What happens if something changes?
(1) If during the project you ask us to change something in the question being addressed, we will do so and adapt our work accordingly if in our opinion this does not result in too great an additional effort. Otherwise, we will need a new order or we will adapt the existing order because the project would not be worthwhile for us. A new order may also be necessary for the assessment of how much additional work will be required.
(2) As long as we do not have a new or changed order in such a case, we must do the work first, without considering your change requests.
(3) An order or change only applies to us if you and we have written down in a document what you and we want and that we are prepared to do it. For example, it may be that minutes of meetings are signed off by us and by you.
(4) If something happens in the course of the work which makes its completion impossible for us but over which we have no influence ("force majeure"), then we can adjust your order so that we are able to work. This applies, for example, to strikes or natural events. Of course, we will inform you immediately about such events.
IV. What happens to your data?
1) We will not disclose to third parties any of your confidential information or business secrets that we learn about in connection with the project. However, this does not apply to facts that are obvious or generally known or if it would make no sense to keep them secret. Nor does it apply if we are required to disclose the facts in a state procedure or to enforce or defend claims arising from the assignment. We will only pass facts on to other people who are not involved in our projects with your written consent. Our privacy policy with many other regulations that protect you can be found on our web site.
(2) Both during the time we work together and even before, when we are preparing our cooperation, we may retrieve, store and process the necessary data. We do not pass on your data to other people who are not involved in our projects unless you tell us that we may do so. Details can be found in our Data Protection Policy on our web site.
(3) When we do our work in a workshop or another setting where people come together, we also want to share it on social media and elsewhere. This is important because it allows other interested people to get an impression of our work. We assume that in such a case you agree that photos and films of you are made and published. Of course you can say in the workshop that you do not want us to do this and then of course no pictures or recordings will be taken of you.
IV. How can you help us?
(1) For our project to work properly, you must give us all the documents and information that are important for our work in a timely manner. If we have doubts, we may ask you for a letter in which you confirm to us that you have given us all the documents and information in time. In addition, it would be good if you supported us to the best of our ability in our work.
(2) We agree that we will treat each other loyally in our joint work and inform each other quickly about all events that are important for the work and could have an impact on it.
V. What do you owe us?
(1) Our fee either depends on how many hours we have spent on the work ("time fee"), or we agree a fixed price. What we do not do is agree on a price that becomes greater or smaller depending on whether you find our job or the results good or bad.
(2) In addition to our fee, we also charge for reimbursable expenses unless in exceptional cases we have previously agreed that these will be covered by the feeTaxes are not included in our prices and our bills, you have to pay extra. We add them separately in the bills.
(3) If we have not agreed on a price for the individual hours, our current price list applies. We always provide them in the current version. For orders placed with you in the last quarter of a year, the prices will continue to apply for the following year.
(4) If our fee significantly exceeds the market prices, you can cancel. You can also cancel if a situation arises as described in the paragraphs of the German Civil Code (620 et seq.).
VI. How do we invoice?
(1) We will send you a monthly invoice in which we record our working hours, the fee and reimbursable expenses. If nothing else results from the order or invoice, you will need to pay immediately. We have already done our work.
(2) Taxes are not included in our prices: you have to pay these in addition. We add them separately to the invoices.
(3) If several people or companies have placed an order from your side, we can choose who to write the invoice to.
(4) If you believe that you are to receive money from us, you can only deduct it from our bill if we have said that we do not mind or if a court has confirmed that you must receive the money from us.
VII. What happens if something goes wrong?
(1) If people who work for us have caused damage to you, fundamentally we will compensate you for this damage. But if these people made only small mistakes (in the German Civil Code this is called "slight negligence") we only replace the damage if our people made mistakes doing work that was so important that without it we would not have brought the project to a successful conclusion.
(2) Otherwise, we are liable only for damages resulting from the fact that the people who work for us made major mistakes or even intentionally did something wrong (referred to in the Civil Code as "gross negligence" and "intent"). Our liability is limited to such damage that you would have to expect, if you look at the work with a normal view and understanding. This does not apply if the damage affects a person's life, body or health. It would be legally forbidden not to answer for this.
(3) We also have to limit our liability so that our risks do not become immeasurable. Therefore, the maximum amount we pay for a single damage is limited to 50,000 Euros. By a single loss we mean the sum of claims of all claimants arising from a single assignment with a clearly defined and uniform result, which we have carried in a given timeframe.
(4) If you implement our recommendations in such a way that we did not mean and you could have known this with a normal view and understanding, we do not accept liability for any damage that results from implementation.
(5) If you believe that we must compensate you for any damage, you must write to us within a year after you have noticed the error and the damage unless we have made a particularly large mistake or have wilfully damaged ("gross negligence", "intent" or "malice" according to the German Civil Code). After that we do not have to pay the damages. If you did not notice the damage because you were not paying attention and this inattention itself is a mistake ("gross negligence" in the German Civil Code), we count the time from the day you saw the error and the damage if you had paid attention. But we do not have to compensate you for any damages that you write to us about after more than 5 years from when they arose.
(6) We are not responsible for anything more than what is stated here and the restrictions contained herein apply not only to our company also to the people who work for us in the event of them having to must pay you for damages.
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, organization charts, drafts, drawings, statements or calculations. These documents may not be passed on to third parties and may only be used only for our joint work. This is because these are the results of our work that we have to protect. In addition, you may only pass them on to affiliated companies and other similar companies if we have previously given permission in writing.
(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 cancel?
(1) We want you to feel comfortable working with us and believe that working together only makes sense if everything fits. Therefore, you can cancel our agreement at any time if we have not agreed otherwise in the order. We can terminate the order with a notice period of 14 days to the end of the month. In particularly important cases, however, we can also terminate the assignment with immediate effect.
(2) If you cancel after we've already carried out some work, we will charge you for the work. However, you will not have to pay the full price, unless the work is completed.
(3) In such a case, we can also make things easier and - instead of proceeding as described in (2) - simply calculate 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 start working, or if we cannot start for other reasons that are not within our control, we may charge one quarter of the remuneration we have agreed for the assignment - and if we can prove that this costs us even more money, we may demand 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.
(2) After you have paid everything, we will send you back all the documents you have given us for the work along with our ideas and solutions (if this has not already happened during the assignment) if you write to us to this effect up to six months after payment. Of course, we may keep copies of the documents we have written.
(3) We keep all documents for a maximum of five years after payment. Otherwise we consume too many resources in our office.
XI. What else is important?
(1) If you or we want to change something in the order, this will only be valid if we agree in writing. Telephoning, fax or email is not enough.
(2) If you obtain something from us as part of our assignment, you may not simply pass on the rights to it to someone else unless we have written to you that we agree.
(3) Only German laws apply to our work. If we have a dispute about our assignment, which we hope will not happen, we will resolve it in a court of law that has jurisdiction over our corporate address, unless it is expressly specified by other laws that only another court will have jurisdiction.
(4) If one of the regulations in these terms and conditions should be ineffective, the others conditions still apply. You and I then will replace the ineffective regulation with a similar one that as far as possible says the same.