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General Terms and Conditions

dieersten GmbH

Karl-Ferdinand-Braun-Str. 5

D-28359 Bremen

E-Mail: info@dieersten.com

Amtsgericht Bremen, HRB 35091 HB

VAT-Id: DE328213479

Head office of the company: Bremen

Managing Directors: Henning Osterkamp, Carsten Timmermann

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§ 1 Scope of Application

The fulfillment of the contract requires a relationship of trust between the client and the dieersten GmbH and requires a close partnership. The terms and conditions set out below apply to our consulting services. No other deviating provisions apply. Changes and deviating project-specific agreements must be in writing to be effective.

 

§ 2 Provision of Service

We carry out our projects success-oriented. Nevertheless, due to the necessary cooperation of the client, the object of the order is always the agreed service, not a success. As part of the contractual agreements, we determine and take responsibility for the type of execution of the project. We undertake to perform the contractual services in accordance with the generally recognized rules of technology and the principles of proper professional practice. We assure the full commitment of our consultants. The results of our work and our recommendations are given to the best of our knowledge, but without guarantee, and should form the basis for independent business decisions by the client. In individual cases, we can also involve third parties in the provision of services.

The client undertakes the following services:

Appointment of a responsible employee or contact person who is authorized for all required activities in connection with the advisory service. Provision of all necessary information, access to necessary operating areas, and provision of employees, premises, IT and telecommunication facilities.

If the client withdraws from the agreed services without a justified reason or does not accept them, we are entitled to invoice the agreed fee in full. Expenses that we can save due to non-performance or otherwise use will not be charged.

Agreed consultation appointments can be postponed or canceled up to 10 working days before implementation. Short-term cancellations and postponements will be charged with 50% of the fee.

We take on assigned tasks after prior investigation of the initial situation. If, due to incomplete or inaccurate information or cooperation by the client, the scope of work is significantly above our estimates, we are entitled to an appropriate increase based on the actual workload, even fixed fees, which must be agreed separately. A deviation of the actual effort from the estimate by more than 10% is considered significant.

 

§ 3 Consultancy Fees

The agreed remuneration is understood to be plus the currently applicable VAT rate in accordance with the respective statutory provisions. Project-specific travel costs, expenses and other incidental costs are added to the fees mentioned.

 

§ 4 Terms of Payment

Billing takes place monthly according to the effort rendered. The payment period is 14 days without deduction.

In the event of non-payment of a reminder notice made after the due date, we reserve the right to charge default interest at the statutory rate. If the client is more than one month late with his payment, we are entitled to cancel the project after prior notice. This also applies to insolvency (bankruptcy, etc.).

 

§ 5 Recovery of Damages

With the exception of intent or gross negligence, claims for damages by the client are excluded. Contractual liability claims expire after 12 months.

 

§ 6 Confidentiality and copyright and usage rights

All documents that we pass on to the client as part of our consulting service serve exclusively to achieve the project objectives and can be used and reproduced internally by the client, including the respective supervisory bodies.

The tools, methods and processes used for the consulting service are the intellectual property of dieersten GmbH. The documents may also be made accessible to a third party within the framework of and to achieve the goals of the consulting service only with the written consent of dieersten GmbH.

 

§ 7 Place of Jurisdiction

The place of jurisdiction is Bremen. The law of the Federal Republic of Germany shall apply.

 

§ 8 Closing Provisions

If individual conditions are invalid, the legal validity of the contractual relationship is not affected. In this case, the ineffective provision will be replaced mutually by a regulation that comes as close as possible.