Imprint:
Diplom-Kaufmann (FH) Rainer Seiffert
Rose Straße 5
52072 Aachen
Phone: 02 407 / 902 683
E-mail: email@finanzberatung-aachen.com
appointments by telephone
The pictures in This blog is exclusively to its own or copy from contractors provided images ( prohibited).
Technical realization of the web site: A / D / H Consult
General Conditions of Contract:
the consultancy Dipl.Kfm. (FH) Rainer Seiffert
preamble
These General Conditions of Contract are an integral part of the consulting or auditing.
In the event that any provision of the terms and conditions should be invalid, this shall not affect the validity of the remaining provisions.
The customer shall ensure that the organizational conditions fulfill the advisory or audit mandate at his business premises and undisturbed to allow the rapid progress of the advisory or supportive review process works.
The customer shall ensure that the consulting firm even without the special call, all the accomplishment and execution of the consulting or audit mandate necessary documents are submitted on time and its all events and circumstances is given relevant to the execution of the order of importance . This also applies to all documents, events and circumstances which become known during the performance of the consultant or auditor.
The customer shall ensure that its employees be informed before the start of the consultancy work of this.
§ 1 Scope and extent
apply the terms of the contract if their application has been agreed.
All counseling and testing orders and other agreements are only legally binding if confirmed by the client will commit only to the written and stated in the contract scope.
§ 2 Scope of the consulting contract
The scope of the consulting or audit mandate is agreed upon. The activity of the A / D / H Consulting is primarily an advisory role, ie a Auskunfserteilung on Economic, or technical issues and relationships.
The assessment of corporate effectiveness and efficiency and the decision to entrepreneurial implementation lie solely with the customer. The Consultancy is not liable for loss of the investment and other business activities, unless the business decision was made on the basis of a compensation consulting legally culpable failure on the part of management consulting.
§ 3 Provision of information / declaration of completeness
See preamble 4th
§ 4 Safeguarding of Independence
Contractors commit themselves to mutual loyalty.
The parties mutually agree to take all precautions that are appropriate to prevent the threat to the independence of the contractors.
§ 5 Reporting
The Consultancy agrees to report on their audit work to written reports.
The contractor and the consulting firm agree that for the consulting engagement or an audit engagement with progress of work agreed upon is deemed appropriate reporting.
the final report on audit engagements, the client receives in a reasonable time (2-4 weeks, depending on the type of audit assignment) after completion of the order.
§ 6 Protection of intellectual property management consulting / copyright / usage
The client is obliged to ensure that in the course DERS advisory or audit engagements of the consulting firm, its employees and partners created proposals, reports, analysis, reports organizational plans, programs, specifications, designs, calculations, drawings, and associated professionals only for job purposes. In particular, the demand for payment and free transfer of professional statements of any kind of business advice to others more written consent. Liability the consulting firm the third party does not establish.
The use of professional statements of management consulting for advertising purposes by the client is not allowed. An infringement entitles the consulting firm to terminate without notice any not yet completed orders.
The company remains on its advisory services a copyright.
In view of the fact that the consultancy services are the intellectual property of the consulting firm, is the right to use the same even after payment of the fee for its own purposes of the client and only to the extent specified in the contract. Each was still passing, even as part of a Dissolution or bankruptcy of the company, but also the temporary provision for Reproduktionsszwecken results in compensation claims made against you.
§ 7 of remedial measures and ensure
The Consultancy is entitled and obligated to correct subsequently become known errors and deficiencies in their consulting services. It is obliged to inform the customer thereof without delay. The warranty is 3 months.
The client is entitled to free repairs of defects, provided these are to be represented by the consulting firm. This right will expire 6 months after the projects completion (final report) the consulting firm.
the client has the failures of the correction of any defects right to reduce or - if the job performance is a result of the failure of the repair for the customer without interest to law - the law of conversion. In the event of a warranty repair in any case has priority over reduction or change. Moreover, where claims for damages arise, the provisions of § 8
The burden of proof, ie, requiring the consultants to prove their innocence in the deficiency is excluded.
§ 8 Liability
The Consultancy and its staff in carrying out the Consultations and tests in accordance with generally accepted principles of professional practice. It is liable for damages only in the case that their intent or gross negligence can be proved in the framework of the law. This applies also to violation of obligations by associated professionals.
The Consultancy is not liable for damage caused by ordinary negligence.
liable for gross negligence, the consulting firm up to a sum equal to five times their question to the contract agreed fee (excluding Auslagenersätze), or until an amount of EUR 5,000. Of profit is only liable for intent.
of action for damages can only be within 6 months after, the manager or the beneficiaries become aware of the damage having made no later than three years after the events of entitlement in court.
If the activity conducted by a third party to carry out, for example, a data processing company, a trustee, or a lawyer and notified the principal thereof, shall be deemed to be assigned according to the law and the terms of the third party to any warranty and liability claims against third parties as to the client .
§ 9 Obligation to secrecy
The management consultants, their Staff and consulted colleagues agree on all matters of which they are known in connection with their work for the client to remain silent. This obligation is on both the client and its business relations.
Only the client himself, not his agents, can release the consulting firm in writing of this confidentiality.
The management consultants must hand over reports, expert opinions and other written statements about the results of their work to third parties only with the consent of the client.
The secrecy of the consultant, its employees and any associated professionals is also valid for the period after termination of the contract. The exceptions are cases in which there is a legal obligation to provide information.
The Consultancy is authorized to process personal data in the context of the purpose of the consultancy order to process or have processed by third parties. The management consultants ensured in accordance with the Data Protection Act, the obligation to maintain data confidentiality. The consulting firm of any material (media, data, control numbers, analysis, programs, etc.) And all the results from the execution of the works are generally returned to the client.
§ 10 claim fee has
The Consultancy consideration of the performance of its consulting and audit services is entitled to payment of a reasonable fee by the client.
is preventing the execution of the contract after the contract is signed by the client (eg because of cancellation), is the consulting firm however this fee.
If completion of the contract by circumstances which constitute on the part of management consulting is an important reason, it is only entitled to the ihrerr services to that part of the fee. This is especially true if, despite notice to the customer his record is recyclable.
The Consultancy can make the completion of their performance on the complete satisfaction of their fee claims. Complaints about the work entitled the consultants, except for obvious defects, not to withhold payments due to it
§ 11 Amount of Fee
The fee amount is based on the written agreement of the customer with the consulting firm.
§ 12 Applicable law, place, jurisdiction
for the order, its execution and the resulting claims are subject only to German law.
performance is the place the establishment of professional management consulting.
of disputes, the court in the Unternehmensort the consulting firm responsible.
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