Legal

§ 1 Scope of Application
(1) These General Terms and Conditions (GTC) apply to all contracts of the ME business group, represented by Markus Oldenburger (hereinafter referred to as the "Contractor"), with its customers regarding consulting services, coaching, training, seminars, training courses and digital educational offers.
(2) The GTC apply exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law.
(3) Conflicting or deviating GTC of the Client shall not become part of the contract, unless the Contractor expressly agrees to their validity in text form.
(4) Individual agreements shall take precedence over these GTC, otherwise the GTC shall apply in addition.
 
§ 2 Subject matter of the contract and scope of services
(1) Consulting services are aimed at the development of analyses, concepts, recommendations and their explanation, not at achieving a specific economic success.
(2) In the case of seminars, training courses or digital courses, the Contractor is obliged to carry out the courses in a technically and didactically correct manner, but not to ensure learning success or passing examinations.
(3) The Contractor shall be entitled to make use of suitable employees or subcontractors. There is no entitlement to implementation by specific persons.
(4) Changes to services require a written or textual agreement.
 
§ 3 Obligations of the Client to Cooperate
(1) The Client shall provide all information, documents and access required for the implementation in full and in good time.
(2) In the case of seminars and training courses, it is the Client's responsibility to ensure that the requirements for participants are met.
(3) If the provision of services is delayed due to non-compliance or late cooperation, time limits shall be extended appropriately. The Contractor shall inform the Client of any additional costs incurred. Additional costs are only to be reimbursed if the client culpably fails to cooperate despite being informed of the consequences.
 
§ 4 Remuneration and Terms of Payment
(1) The remuneration results from the respective contract or offer. All prices are subject to VAT.
(2) Unless expressly agreed otherwise, consulting services are billed according to the time spent. The applicable daily and hourly rates are decisive.
(3) Seminars, trainings and online courses are due without deduction no later than 14 days after invoicing.
(4) Travel and ancillary expenses are additionally calculated as follows:
Rail travel: 1st class
Air travel: Business Class
Hotels: at least 4-star category
Other travel and incidental costs: according to receipt (taxi, parking fees, meals, rental car, train rides, etc.)
(5) Offsetting shall only be permissible with counterclaims that have been legally established or undisputed.
 
§ 5 Cancellation, Withdrawal, MEflex
(1) The Client may cancel booked services (seminars, trainings, consultations) free of charge up to 30 days before the commencement. After that, the following cancellation rates apply:
up to 25 days before the start: 30% of the agreed price
up to 15 days before the start: 50% of the agreed price
less than 15 days before the start: 100% of the agreed price.
(2) Exclusively with the additional option MEflex the Client has the right to postpone agreed and scheduled services once free of charge up to 24 hours before the start of the service. This does not give rise to a claim by the Contractor for damages or reimbursement of costs.
(3) The Contractor may withdraw from the contract if the provision of services becomes impossible due to force majeure, illness or other unforeseeable events. In this case, fees already paid will be refunded. Further claims are excluded, except in the case of intent or gross negligence.
(4) Both parties reserve the right to extraordinary termination for good cause.
 
§ 6 Liability
(1) The Contractor shall be liable without limitation in the event of intent, gross negligence or injury to life, limb or health.
(2) In the event of simple negligence, the Contractor shall only be liable in the event of a breach of essential contractual obligations (cardinal obligations) and limited to the foreseeable damage typical of the contract.
(3) For property damage and financial loss, liability shall be limited to EUR 50,000 per claim and EUR 100,000 per year limited.
(4) Liability for indirect damages, loss of profit or unachieved savings is excluded.
(5) The limitations of liability shall also apply to the benefit of the Contractor's legal representatives, employees, vicarious agents and subcontractors.
(6) Mandatory legal liability (e.g. Product Liability Act) remains unaffected.
 
§ 7 Confidentiality and data protection
(1) Both parties undertake to keep confidential information secret.
(2) The Contractor shall be entitled to process the Client's personal data exclusively for the purpose of executing the contract in compliance with the GDPR.
(3) The duty of confidentiality shall remain in force for 5 years after the end of the contract.
(4) The Client shall ensure that it only passes on such data whose disclosure is permissible under data protection law. In the event of violations, he shall indemnify the Contractor against claims by third parties.
 
§ 8 Intellectual Property
(1) All concepts, documents, analyses, presentations, training materials and digital content created by the Contractor shall remain the Contractor's intellectual property.
(2) Upon full payment, the Client shall receive a non-exclusive right of use for the contractually agreed purpose for an unlimited period of time. Processing is permissible with the consent of the Contractor.
(3) Transmission, publication or reproduction without express consent is prohibited.
(4) Copyrights always remain with the Contractor.
 
§ 9 Termination
(1) Consulting contracts may be terminated with a notice period of 14 days to the end of the month, unless otherwise agreed.
(2) The right to terminate without notice for good cause remains unaffected.
 
§ 10 Force majeure
(1) Events of force majeure (e.g. natural disasters, pandemics, war, strikes, official orders) release both parties from their performance obligations for the duration of the disruption.
(2) If the disruption lasts longer than 30 days, both parties may withdraw from the contract.
 
§ 11 Place of Jurisdiction, Arbitration Proceedings, Choice of Law
(1) German law applies exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and jurisdiction shall be the registered office of the Contractor.
(3) The Contractor shall also be entitled to assert claims at the Client's registered office.
(4) The parties will endeavour to settle disputes amicably. At the request of one of the parties, a mediation procedure can be carried out.
 
§ 12 Severability clause
Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties undertake to agree on a replacement provision that comes as close as possible to the economic purpose of the invalid provision.