General terms and conditions of PS Consulting GmbH, Horber Str. 142, 72221 Haiterbach (known here as PS Consulting), from the 01.01.2017
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 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 binders 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 The seminar costs include documentation, coffee breaks, lunch and beverages.
4.3 Written cancellation of an application is possible up to three 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.
4.4 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.
4.5 PS Consulting has the right to cancel or postpone seminars up to one week before the seminar start date especially in case of situations that make it technically or economically unreasonable to conduct this seminar. Affected participants will be immediately informed. Further obligations and claims will not be recognized.
4.6 In principle, PS Consulting is neither willing nor obliged to participate in any alternative dispute resolution procedures before a dispute resolution entity for consumer disputes.
5. Safeguarding the services
5.1 The customer recognizes 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.
6.1 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.