Consulting and Participation Conditions

Consulting Conditions BSCC

 

§1 Scope

These General Terms and Conditions of Consulting apply to contracts whose subject matter is the provision of advice and information by the Consultant to the Client in the planning, preparation and implementation of entrepreneurial or professional decisions and projects in the following areas:

  • Business Management/Management Consulting
  • Marketing, Sales and Distribution
  • Human Resources and Social Services
  • Finance and Accounting (Controlling) as well as
  • Administration and Organization.

The client’s terms and conditions of business shall apply if this has been expressly agreed in writing.

§2 Subject matter of the contract, scope of services

The Consultant shall perform all work with the utmost care in compliance with the professional principles of the Bundesverband Deutscher Unternehmensberater BDU e.V. (Federal Association of German Management Consultants) and always with regard to the individual situation and the needs of the Client. In the surveys and analyses, the consultant is obligated to correctly and completely reflect the situation of the company with regard to the question. Data provided by third parties or by the client will only be checked for plausibility. The conclusions and recommendations to be derived from the surveys are made to the best of our knowledge and in accordance with recognized rules of science and practice. The recommendations are presented in an understandable and comprehensible manner. The object of the assignment is the agreed consulting activity specified in the contract, not the achievement of a specific economic success or the preparation of expert opinions or other works. The Consultant’s services shall be deemed to have been rendered when the required analyses, the resulting conclusions and recommendations have been prepared and explained to the Client. If the consultant is additionally to prepare a detailed written report, in particular to third parties, this must be agreed separately. The report must give a detailed account of the reason for and course of the consultancy, the considerations and surveys carried out, including methodological explanations, as well as conclusions relevant to the client.

§3 Changes in Performance

The Consultant shall be obligated to accommodate requests for changes by the Client to the extent that this is reasonable for the Consultant within the scope of its operational capacities, in particular with regard to effort and scheduling. Insofar as the examination of the possibilities for change or the realization of the requested changes affect the terms of the contract, in particular the Consultant’s effort or the time schedule, the parties shall agree on an appropriate adjustment of the terms of the contract, in particular an increase in the remuneration and a postponement of the deadlines. Unless otherwise agreed, the Consultant shall in this case carry out the work without taking the change requests into account until the contract has been adjusted. If an extensive examination of the additional work is necessary, the Consultant may request a separate assignment for this purpose. Changes and additions to the order must be made in writing to be effective. Minutes of relevant meetings or of the project status shall comply with this requirement, provided they are signed by the authorized representatives of both parties.

§4 Confidentiality, Data Protection

The Consultant shall be obliged for an unlimited period of time to maintain secrecy about all information designated as confidential or business and trade secrets of the Client which become known to him in connection with the assignment. Disclosure to third parties not involved in the execution of the order may only take place with the written consent of the client. The Consultant shall undertake to oblige in writing all persons employed by him to carry out the order to comply with this provision. The Consultant shall be authorized, within the scope of the purpose of the order, to process the personal data entrusted to it or to have such data processed by third parties in compliance with the data protection provisions.

§5 Protection of the Intellectual Property of the Consultant

The Client shall ensure that the reports, organization charts, drafts, drawings, lists and calculations prepared by the Consultant within the scope of the order are only used for the contractually agreed purposes and are not published without express consent in individual cases. The use of the consulting services rendered for companies affiliated with the client requires an express written agreement. Insofar as work results are copyrightable, the consultant remains the author. In these cases, the Client shall receive the irrevocable, exclusive and non-transferable right of use to the work results, which shall only be restricted by sentence 1 and otherwise shall be unrestricted in terms of time and place.

§6 Remuneration, Terms of Payment, Set-off.

The remuneration for the services of the consultant shall be calculated according to the time spent on the activity (time fee) or agreed in writing as a fixed price. A fee based on the degree of success or payable only in the event of success is always excluded. Unless otherwise agreed, the consultant is entitled to reimbursement of expenses in addition to the fee. Details of the method of payment are regulated in the contract. If, in the case of long-term contracts, any price change exceeds the customary market prices by more than an insignificant amount, the client may terminate the contract. All claims are due upon invoicing and are payable immediately without deductions. The statutory value added tax shall be added to all price quotations and shown separately in the invoice. Several clients (individuals and/or legal entities) are jointly and severally liable.

§7 Cooperation Obligations of the Client.

The Client shall be obliged to support the Consultant to the best of its ability and to create in its sphere of operation all conditions necessary for the proper execution of the order; in particular, it shall provide in good time all documents necessary or significant for the execution of the order. At the request of the Consultant, the Client shall confirm in writing the correctness and completeness of its information, oral statements and documents submitted to the Consultant.

§8 Default in Acceptance, Failure to Cooperate

If the Client defaults in accepting the consulting services or fails to cooperate despite a reminder and the setting of a deadline, the Consultant shall be entitled to terminate the contract without notice. Irrespective of the assertion of this right of termination, the Consultant shall be entitled to compensation for the damage or additional expenses incurred as a result of the delay or the failure to cooperate.

§9 Remedy of Defects

Insofar as the services are capable of being remedied, the Consultant shall remedy any defects for which it is responsible, insofar as this is possible for it at reasonable expense. The Client shall notify the Consultant of any defects in writing without delay, but no later than within six months of the provision of the Services. In the event of failure to remedy the defect, the Client may also demand a reduction of the remuneration or rescission of the contract. If the order has been placed by merchants within the scope of their trade, a legal entity under public law or by a special fund under public law, the Client may only demand the rescission of the contract if the service rendered is of no interest to him due to the failure of the rectification. For claims for damages beyond this, § 10 shall apply.

§10 Liability

The Consultant shall be liable to the Client, irrespective of the legal grounds, for any damage caused by him intentionally or through gross negligence. Liability for slight negligence exists only in the case of violation of essential contractual obligations. In this case, liability for damages not typical for the contract shall be excluded. The liability of the Consultant for damages resulting from any incorrect advice shall be limited, unless the Consultant is guilty of intent or gross negligence, to the amount of the consulting fee, if this is not legally possible, to the maximum amount of EUR 25,000 per individual case of damage. If a significantly higher risk of damage is foreseeable, the Consultant shall be obliged to offer the Client a higher liability amount, whereby the Consultant may adjust its remuneration accordingly. Contractual claims for damages of the Client against the Consultant shall become statute-barred twelve months after completion of the assignment.

§11 Duty of Loyalty

The parties undertake to be loyal to each other. They shall inform each other without delay of all circumstances arising in the course of the execution of the project which may affect the processing.

§12 Impediments to Performance

Events of force majeure and other events that make performance substantially more difficult or temporarily impossible shall entitle the respective party to postpone the performance of its service for the duration of the hindrance and a reasonable start-up period. Industrial disputes and similar circumstances shall be deemed equivalent to force majeure insofar as they are unforeseeable, serious and not the fault of either party. The parties shall notify each other immediately of the occurrence of such circumstances.

§13 Termination

Unless otherwise agreed, the order may be terminated with 7 days’ notice to the 15th day of a month (middle of the month) or to the end of the month. The right to extraordinary termination can be exercised at any time without notice. The termination must be in writing to be effective. For the services rendered by the Consultant up to the receipt of a termination notice, the Client shall pay to the Consultant the pro rata agreed time or fixed fee and the expenses incurred up to that date in accordance with § 6.

§14 Right of Retention, Storage of Documents

Until full settlement of his claims, the Consultant shall have a right of retention to the documents provided to him, the exercise of which, however, shall be contrary to good faith if the retention would cause the Client a disproportionately high loss which, when both interests are weighed up, cannot be justified. After settlement of his claims arising from the contract, the Consultant shall surrender all documents which the Client or a third party has handed over to him on the occasion of the execution of the assignment. This shall not apply to correspondence between the parties and to simple copies of reports, organization charts, drawings, lists, calculations, etc. prepared within the scope of the assignment, provided that the Client has received the originals. The Consultant’s obligation to retain the respective documents shall expire six months after delivery of the written request for collection, otherwise three years, and in the case of documents retained pursuant to paragraph 1, five years after termination of the contractual relationship.

§15 Other Rights Arising from the Contractual Relationship

All rights arising from the contract shall be governed exclusively by the laws of Switzerland. All amendments and supplements to these General Terms and Conditions of Contract must be made in writing and must be expressly marked as such. If provisions of these Terms and Conditions of Consulting are or become invalid in whole or in part, the remaining provisions shall not be affected thereby. The parties undertake to replace the invalid provisions with valid ones without delay. The place of jurisdiction for all disputes arising from the contract shall be the Consultant’s registered office, provided that the order was placed by merchants within the scope of their commercial business, a legal entity under public law In the event of failure to remedy the defect, the Client may also demand a reduction of the remuneration or rescission of the contract. If the order has been placed by merchants within the scope of their trade, a legal entity under public law or by a special fund under public law, the Client may only demand the rescission of the contract if the service rendered is of no interest to him due to the failure of the rectification. For claims for damages beyond this, § 10 shall apply.

 

General Conditions of Participation for Trainings

 

1. Registration

Please register in writing. Your registration is binding and will be booked in the order in which we receive it. There is no right to participate in events with a limited number of participants. If the event is already fully booked, we will inform you immediately.

2. Withdrawal, Substitution

You can withdraw from the contract at any time. Please inform us in writing. Up to eight weeks before the start of the event, you will not incur any costs. If you withdraw less than eight weeks before the start of the event, 50% of the participation fee for all modules will be due as cancellation costs. If you cancel less than four weeks before the start of the event, the full participation fee for all modules will be due as cancellation costs.

This also applies if the participant does not show up.

You can name a substitute at any time before the first module instead of the registered participant. This will not result in any further costs for you. This regulation is no longer valid after the first module.

3. Cancellation by the Organizer

We reserve the right to cancel the event due to a low number of participants (at the latest 10 days before the scheduled start of the event) or for other important reasons for which we are not responsible (illness of the lecturer, force majeure). Participation fees already paid will of course be refunded. Further liability and compensation claims are excluded, unless there is intent or gross negligence on our part. Please keep this in mind when booking your train or plane tickets.

4. Implementation

We reserve the right to make changes to the content or the program schedule depending on the number of participants (e.g. in the event of legal changes), as well as a change of speakers (e.g. in the event of illness, accident), provided that this does not fundamentally change the objective of the event. We also reserve the right to change the venue of the event. The event location is the greater Zurich area, Switzerland.

The documents and materials provided in connection with the event are prepared to the best of our knowledge and belief. Liability and warranty for the completeness, correctness and topicality of the contents are excluded.

5. Copyrights

The course documents, software and other media provided to the customer for course purposes are protected by copyright. Copying, passing on or other use – even in extracts – is only permitted with the express written consent of the organizer.

6. Terms of Payment

As a rule, we invoice the participation fee before the start of the event. It is due immediately and without deductions upon receipt of the invoice.

7. Reservation of Proprietary Rights

We reserve unrestricted ownership of all deliveries of course materials until all payment obligations have been met in full by the customer. A resale of course materials is not permitted.

8. Place of Performance and Jurisdiction

The place of performance is the location of the event as notified to the participant in writing. The place of jurisdiction is Locarno.

9. Data Protection

Your personal data will be used exclusively for processing and billing purposes as well as for advertising purposes of BSCC – BETTER SOLUTIONS Coachingconsulting GmbH. You can object to receiving advertising material at any time. Your data will not be passed on to third parties under any circumstances.