Legal
General terms and conditions of PS Consulting GmbH, Horber Str. 142, 72221 Haiterbach (known here as PS Consulting), from the 01.04.2009
1. Form of contract
1.1 Contracts between our clients / customers and PS Consulting regarding performance
to be provided on both sides, as well as amendments and / or additions require the written form.
Furthermore, our general terms and conditions apply.
1.2 2 These terms and conditions of business have precedence over any existing
terms and conditions of the customer.
1.3 The binding period for our quotations is 30 days.
1.4 An order is considered to have been placed upon agreement of a target date.
2. Services of PS Consulting
2.1 PS Consulting provides services in particular in the form of training seminars,
training and consultancy.
2.2 The scope, form, subject and aim of the training and consultancy
services are individually
stipulated in the respective contract between the customer and PS Consulting.
2.3 PS Consulting provides its services through qualified trainers and consultants.
The provision of these services is not tied to a specific individual. With good reason,
PS Consulting is able to send an alternative individual to the person originally intended to
provide the services. PS Consulting shall ensure that such persons possesses the requisite
qualifications in this case.
3. Fees and costs
3.1 The first contact meeting with the trainer or consultant incurs no charge.
Further contact meetings generally serve to advise the client and as such are charged in accordance
with our daily rates.
3.2 Seminars are charged at an agreed daily or fixed rate fee.
A seminar day generally comprises of 7 hours of teaching
3.3 A daily charge rate is agreed for every day started for the
purpose of meetings, analysis, training preparation and other essential tasks carried
out with the customer or third parties. In the event of the provision of services by the hour,
the hourly fee shall be charged at 1/8 of the daily rate.
3.4 Travel and accommodation costs shall be invoiced for separately.
These are compiled as follows: Flights (economy class inside Europe, business class outside of Europe).
Train 1st class, car 0.50 EUR/km, hotel costs on provision of verification,
sustenance at a fixed rate of 30 EUR per person/per day. If the travel time amounts to more
than 4 hours, we charge a fixed rate of 1/3 of our daily rate.
3.5 With respect to our seminars, a master copy of the seminar documents
is included in the price. We do also produce course hanouts upon request at a price of 30 EUR per participant and course.
3.6 All service charges are subject to the applicable sales tax (VAT).
3.7 Cancellations of seminars, workshops or meetings within 6-3 weeks before the agreed (starting) date shall be charged at 50% and within 3 weeks or less shall be charged at 100% of the agreed fee.
This amount may also be subject to cancellation fees for flights, rental cars and hotels.
3.8 All invoices are payable within 14 days, without discount.
Any bank charges are borne by the customer. In the case of longer term orders,
monthly invoices shall be submitted for partial services. With self-contained internal
company seminars, invoicing takes place immediately on completion.
3.9 All off-set rights and rights of retention against payments due are excluded.
4. Terms and conditions for open seminars
4.1 You will receive an order confirmation directly after submitting your
application. The invoice shall be submitted approx. 3 weeks prior to the seminar and is
payable immediately and without discount.
4.2 Companies who register three or more participants for a
seminar receive a 10% discount on the seminar fees.
4.3 The seminar costs include documentation, coffee breaks, lunch and beverages.
4.4 Written cancellation of an application is possible up to four weeks
before the start of an arranged event, with no charge. Hereafter, we charge 50% of the fees
if we are unable to fill the spaces. In the event of a failure to show up on the day, full
seminar fees shall apply.
4.5 In the case of modular seminars, the full seminar fees for all modules
are payable prior to the first module commencing. It is not possible to refund fees due to
a proportion of participants failing to take part in the modules, because it is no longer
possible to fill spaces in these seminars with other individuals.
5. Safeguarding the services
5.1 The customer recognises the copyrights of PS Consulting and the
trainer to the works provided by him (training manuals, contents of lectures).
The same applies to audio and image works which form part of the training contents.
Duplication and/or distribution of the aforementioned works by the customer requires
prior written permission from PS Consulting or the trainer; this also applies to an
internal repeat of the training/lecture by the customer.
5.2 The customer provides assurance that any works provided by
him for the completion of the order are not subject to copyrights or any other laws.
The material prepared by the trainer is made available to the participants of training
seminars by the customer in accordance with the conditions of 5.1.
5.3 The customer shall inform the trainer/consultant of all circumstances
prior to and during the implementation of agreed measures, where these are of significance
to the preparation and implementation of the order. The customer shall name a responsible
individual as a point of contact.
5.4 PS Consulting shall maintain strict confidentiality over all
business-relevant processes which are made known to him as a result of his cooperation
with the customer, including after completion of the order.
5.5 PS Consulting is entitled to offer its services to competitors of the customer.
In doing so, PS Consulting shall not use or distribute to third parties any information that the
client has defined as being confidential in nature.
5.6 If it should be impossible to keep an appointment for the provision of
services by a trainer/consultant due to force majeure, illness, an accident or any other
circumstance which is not the fault of the trainer, PS Consulting is entitled to provide
the same services on the occasion of a newly agreed appointment within 6 months of the original
appointment to the exclusion of any liability for damages. Entitlements on the part of the client
for damages in excess thereof, cancellation costs or travel costs/time incurred by the participants
are excluded, unless PS Consulting or one of its trainers/consultants is guilty of gross negligence
or intent.
6. Liability
6.1 PS Consulting shall be liable to the customer, regardless of the legal grounds,
for damages resulting from intent or gross negligence on the part of its employees. Liability for
slight negligence only exists in the event of an infringement to fundamental contractual obligations.
In this case, liability for atypical contractual damage is excluded.
6.2 The liability of PS Consulting for damages arising from erroneous advice is
limited, unless the consultant can be shown to have demonstrated intent or gross negligence,
to the rate of the consultancy fee and in all cases to a maximum sum of EUR 25,000 per damage
instance.
6.3 Contractual entitlements to damage on the part of the customer against
the consultant fall time-barred after one year. The start of this period is subject to legal
conditions.
7. General clauses
7.1 Should any of the clauses of these general terms and conditions should prove
ineffective or become so, this has no bearing on the effectiveness of the remaining clauses.
The parties shall replace such clauses with effective substitute clauses, which reflect insofar
as possible the intentions of the original ineffective clauses.
7.2 German law applies exclusively to these terms and conditions,
as well as the implementation thereof.
7.3 Sole jurisdiction for all claims arising from the contract between the
customer and PS Consulting or from these terms and conditions is held by the seat of PS Consulting,
insofar as this is permitted by law.