1. Form of Contract1.1. Contracts between customers / clients and born2beffective ® concerning mutual deliverables as well as changes or additions, require the written form. In addition, the general terms and conditions of born2beffective apply ®.
1.2. The presented terms and conditions take precedence over conflicting general terms and conditions of the customer.
1.3. The binding period of bids is 30 days
2.1. born2beffective ® provides services mainly in form of project management consultancies.
2.2. In particular are set in the contract between the customer and born2beffective scope, form, theme and target of the services.
3. Fees3.1. The first conversation with the consultant is free of charge. Further contacts usually serve the advice and ® will be charged with the current born2beffective daily rates.
3.2. For Workshops a fixed fee will be agreed. A seminar day is usually 7 hours.
3.3. A day fee is agreed per day for meetings, analyses, training preparations and other tasks that are implemented jointly with the customer or third parties. For hourly services, the hourly fee is 1/8 of the day fee.
3.4. Travel and subsistence costs are calculated separately. They are composed as follows: flight (economy in Europe, business outside Europe). Train 1st class cars EUR 0.50 / km, hotel costs on detection, catering flat rate 30,–EUR per person/day. Is the travel time more than 4 hours is flat rate 1/3 of the daily rate calculated.
3.5. All services apply plus the statutory value-added tax.
3.6. Invoices are payable without deduction of discount within 14 days. This resulting bank charges will be borne by the client. For longer-term contracts for services an invoicing on a monthly basis is carried out. Invoicing occurs immediately after the implementation of finalized in-house seminars or workshops.
3.7. Right of retention to the due payment claims are excluded.
4. Backup Services4.1. The client acknowledges the copyright of born2beffective®. A reproduction and/or dissemination of documents by the customer requires the prior written consent of born2beffective®.
4.2. born2beffective® is committed to the confidentiality of all business-related operations that are known him through the cooperation with the customer, even after the termination of the order.
.4.3. born2beffective ® has the right to offer its services as a result also competitors of the client.
4.4. 4.4. If a date for the provision of the service may not be held by born2beffective® due to force majeure, illness, accident, or other reasons not caused by born2beffective®, born2beffective® excluding any duty for compensation for damages entitled to catch up on a date to be agreed upon within 6 months after the date of the failed services. Further claims of the customer for damages, cancellation costs or travel costs/times the participants are excluded.
4.5. If an agreed date cannot be perceived by the customer, born2beffective® strives to fill the appointment with other obligations. If the date cannot be otherwise awarded, cancellations within 6 weeks prior to the agreed date are free of charge, in case of cancellation within 3-6 before the agreed date we charge weeks 50% and less than 3 weeks before the 100% of the fee agreed date. Also include any resulting cancellation fees for flights, car hire or hotels.
5. Liability5.1. born2beffective® be liable to the customer, regardless of the legal basis, by born2beffective® intentionally or through gross negligence caused damage. Liability for slight negligence persists only for the breach of essential contractual obligations. In this case, the liability for contract-untypical damage is excluded.
5.2. The liability of born2beffective ® for damages resulting from such incorrect advice is limited, as far as the consultant cannot be accused of willful misconduct or gross negligence, on the amount of the consulting fee, in each case to a maximum of EUR 10,000 per individual claim.
5.3. Contractual claims for damages of the customer against the consultant shall expire in a year. Start of the period varies according to the law.
6. General Terms and Conditions6.1. Should individual provisions of these general terms and conditions be or become invalid, the effectiveness of the conditions shall not affect the rest. The parties will conduct then the conditions with an effective compensation scheme, which comes closest to the purpose of the dropped provision..
6.2. Only German law applies to these terms and conditions and its implementation.
6.3 6.3 The exclusive place of jurisdiction for all claims arising from the contract between client and born2beffective® or from these terms and conditions is the seat of born2beffective®.