General Terms and Conditions (GTC)
for consulting, interim management, and advisory services provided by
Fabian Krone Consulting
1. Scope of Applicationof the Terms and Conditions of Fabian Krone Consulting 1.1 These General Terms and Conditions (GTC) apply to all contracts for consulting services, interim management mandates, and advisory board activities between Fabian Krone Consulting ("Consultant") and the client.
1.2 These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law or special funds under public law. Consumers within the meaning of § 13 BGB are not contractual partners.
1.3 Any deviating or supplementary terms and conditions of the customer shall only become part of the contract if they are expressly accepted in writing by the consultant.
2. Subject matter of the contract
2.1 The consultant shall provide consulting services, temporary management services, and advisory board services in accordance with the content and objectives agreed upon in the respective offer.
2.2 The customer shall ensure that all information, documents, and access rights necessary for the provision of services are made available in a timely manner.
2.3 The consultant is entitled to use suitable third parties (subcontractors) to fulfill the contract.
3. Conclusion of contract
A contract is concluded upon written confirmation of the offer or upon signing a mandate agreement.
4. Remuneration, costs, and terms of payment
4.1 The remuneration agreed in the respective offer (daily rates, fees, flat rates) shall apply. All prices are subject to statutory sales tax.
4.2 Travel costs, expenses, and other outlays shall be reimbursed separately.
4.3 Invoices are due within 14 days of the invoice date without deduction.
4.4 The customer shall be in default at the latest 30 days after the due date. During the period of default, interest shall be charged on the invoice amount at the statutory default interest rate. We reserve the right to assert further claims for damages caused by default.
5. Copyright and rights of use
5.1 All analyses, presentations, documents, and concepts created by the consultant are protected by copyright.
5.2 The customer receives a simple, non-transferable right of use for the agreed purposes. Any transfer, reproduction, or publication is only permitted with the written consent of the consultant.
6. References
The consultant is entitled to use the customer's name and logo as a reference (e.g., in presentations or on the website), provided that the customer does not object. Details regarding the nature and scope of the reference must be agreed upon.
7. Confidentiality
7.1 Both parties undertake to maintain confidentiality regarding all confidential information that becomes known to them within the scope of the contract.
7.2 Confidential information is any information that is designated as confidential or whose confidentiality is apparent from the circumstances.
7.3 Excluded from the confidentiality obligation is information that
a) is generally known or becomes known without violating these General Terms and Conditions,
b) has been lawfully obtained from third parties, or
c) must be disclosed due to legal regulations.
7.4 The obligation of confidentiality shall apply for the duration of the contract and for 5 years after its termination.
8. Liability
8.1 The consultant shall be liable without limitation for intent and gross negligence.
8.2 In cases of slight negligence, the Consultant shall only be liable for breaches of essential contractual obligations (cardinal obligations), but limited to foreseeable damage typical for this type of contract.
8.3 Liability for lost profits or consequential damages is excluded.
8.4 The limitations of liability shall also apply in favor of the Consultant's vicarious agents.
9. Term and termination
9.1 The term of the contract is specified in the offer or the client agreement.
9.2 Unless a fixed term has been agreed, the contract may be terminated by either party with four (4) weeks' notice to the end of the month.
9.3 The right to extraordinary termination for good cause remains unaffected.
10. Offsetting and rights of retention
10.1 The customer may only offset undisputed or legally established claims.
10.2 A right of retention may only be asserted on the basis of claims arising from the same contractual relationship.
11. Final provisions
11.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2 The place of jurisdiction for all disputes shall be the registered office of the Consultant, to the extent permitted by law.
11.3 Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.