General Terms and Conditions
Provider identification:
JOEDECKE Organizational Consulting Coaching
c/o Dipl.-Ing. (FH) Alexander Joedecke
Bergstrasse 10
D-71384 Weinstadt
Hereinafter referred to as JOEDECKE.
1. scope of application
The following General Terms and Conditions of JOEDECKE constitute the sole contractual basis for regulating the business relationship between JOEDECKE and customers, unless expressly agreed otherwise in writing. Services and offers as well as their acceptance are provided by both contracting parties exclusively on the basis of the agreements made here.
2. conclusion of contract
Contracts between JOEDECKE and customers are concluded exclusively in writing (including by email) prior to the provision of services. A contract is also concluded when the customer makes an appointment and attends the appointment or otherwise requests the service from JOEDECKE. We agree our fees with you individually. Flat-rate fees can also be agreed for certain services. JOEDECKE will provide the customer with a quotation on request; the fees stated therein are net prices plus VAT. Value added tax.
In the case of an offer, “hours” are to be understood as hours and consultation days as eight hours. For reasons of capacity utilization, the fees for individual hours may be higher than an eighth of a consulting day, and for half a consulting day higher than half of a consulting day. A possible surcharge of a maximum of twenty percent is shown in the offer.
The preparation and follow-up of appointments, workshops, coaching sessions or presentations is considered working time and is clearly stated in the offer.
Hotel costs and travel expenses are not charged at a flat rate, but are shown transparently and only the actual costs incurred are charged: 2nd class ticket DB / local public transport, or flat rate per kilometer € 0.40/km net distance traveled.
Hotel and travel bookings are preferably made by the customer at their conditions.
For capacity utilization reasons, travel times can be invoiced at 50% if a single journey exceeds the travel time of two hours and there is no explicit agreement.
3. scope of services and subject matter of the contract
3. a)
The subject matter of the contract is individual advice/support/coaching for the customer within the agreed scope of services. The main service consists of pure consulting services. In addition – if agreed – documents can also be created (e.g. photo protocol). The consulting can take the form of coaching or group consulting, for example in the form of workshops, organizational consulting, training and online appointments, team development/support and group events. These services can be provided to individuals or in an organizational/company context.
3. b) Independence of JOEDECKE
JOEDECKE’s services do not constitute an employment relationship with the customer. All services are provided free of instructions.
3. c) Agreement on the scope of the service
The scope of the service is determined by the offer underlying the conclusion of the contract and any subsequent additions. Any changes to the scope of services must be agreed separately. The scope of agreed services shall not be affected by changes to the place or time of appointments.
3. d) Agreement on place and time of performance
The time and place of the service provision are determined by the appointments made by the persons involved (verbally or in writing, e.g. by e-mail). In the event of a written confirmation, the date stated in the confirmation shall be deemed to have been agreed unless it is objected to within a reasonable period of time. Costs for room rental are paid by the customer or invoiced to the customer.
3. e) Change of place and time of performance
The customer can make a written or verbal request for a change to an appointment that has already been scheduled. JOEDECKE will take into account requests for changes of dates as far as this is possible. Insofar as alternative dates are already proposed by the customer with the change request, these shall not be deemed to have been agreed without written confirmation from JOEDECKE. The customer is not entitled to change the time and place of the service, but if a change request is made up to 21 calendar days before the agreed date or event, JOEDECKE will propose an alternative date. We strive to be as flexible as possible. This change is free of charge for the customer if a binding alternative date is agreed. Any deadlines shall be extended in accordance with the period of postponement due to the alternative date. If appointments are completely canceled as a result of a change request by the customer, i.e. no alternative date is agreed, the customer shall bear the costs of the rebooking such as cancellation costs with regard to any travel or overnight accommodation, insofar as these are incurred by JOEDECKE. The default fee then due is 50% of the originally agreed fee. Other claims are governed by the provisions of the German Civil Code.
If JOEDECKE is prevented from carrying out an agreed appointment for an important reason (e.g. illness), JOEDECKE shall inform the customer of the cancellation of the appointment immediately after becoming aware of the reason for the hindrance, either in writing or verbally. JOEDECKE shall – if possible – immediately agree an alternative date or an equivalent alternative service with the customer. JOEDECKE shall not reimburse the customer for any costs incurred as a result of a missed appointment caused by JOEDECKE.
4. licenses and copyrights
The customer shall not be granted any rights of use to the materials provided by JOEDECKE (text, video and audio files, documents, graphics, etc.) that go beyond the use required to achieve the purpose of the consultation. The documents are provided to the participants exclusively for their own and internal use. In particular, the customer and the participants are not entitled to reproduce, pass on or otherwise use the materials before, during or after the collaboration. This applies unless otherwise agreed in writing.
5. payment of fees and reimbursement of costs
All fees are in euros. Invoices are issued electronically or in writing after the respective service has been provided. If the overall service is rendered in several partial services, the partial services rendered may be invoiced according to their achievement (agreed in advance). Payments must be credited to the account specified in the invoice within two weeks of receipt of the invoice.
For fees abroad within and outside the EU, the tax reverse procedure applies as far as possible.
6. data protection and confidentiality
JOEDECKE treats the personal and economic data of customers, organizations and participants that become known to it through the cooperation confidentially and in accordance with the applicable data protection regulations. This also applies after completion of the order and after termination of the cooperation. The relevant regulations can be found in the current version of JOEDECKE’s privacy policy.
7 Warranty and liability
The consulting activities carried out by JOEDECKE are purely service activities, the results of which require implementation by the client and are dependent on many factors. A specific success or desired result is not guaranteed or warranted. Liability is excluded in this respect.
Correspondence can be conducted by e-mail if desired. Please note that unencrypted e-mail traffic entails risks with regard to the duty of confidentiality. Unencrypted e-mail traffic means that information sent (e.g. data from third parties) may be read, damaged, intercepted or impaired by other disruptions and/or may be infected with viruses. In addition, any trade secrets could be disclosed to third parties and/or used against the customer in this way. If the customer provides their email address and suggests this communication channel, it is assumed that they consent to this channel being used in full knowledge of the risks. JOEDECKE accepts no liability for damages resulting from such communication.
Within the scope of the contract, JOEDECKE shall only be liable for damages caused intentionally or through gross negligence by JOEDECKE or persons assisting in the performance of its services, as well as for damages resulting from injury to life, body or health caused by a breach of duty by the consultant(s) or persons it engages to perform its services, as well as for damages caused by the breach of an obligation by JOEDECKE which is essential for achieving the purpose of the contract (cardinal obligation). In cases other than those mentioned above, JOEDECKE’s liability is excluded irrespective of the legal grounds.
Any rights under the German Product Liability Act (ProdHaftG) and cases of tortious liability remain unaffected.
8. termination of contract
If one of the contracting parties breaches a material obligation under the contract, the other party shall have the right to terminate the contractual relationship. Before notice of termination can be given, the party in breach of contract must be notified of the breach and advised to remedy the breach within a reasonable period of time, insofar as this is possible and feasible due to the respective breach of duty. Extraordinary termination without notice in accordance with § 626 BGB remains unaffected.
9. final clause
Amendments, ancillary agreements and supplements to contracts in accordance with these General Terms and Conditions may be made verbally. If they are confirmed in writing or in text form, the agreement shall apply in the form stated in the confirmation.
