Terms and Conditions
General Terms and Conditions (GTC) of MPO Consulting
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between MPO Consulting, Heidkoppel 5a, 21244 Buchholz, 0172/4327170, info@mpo-consulting.com, (hereinafter "Consulting Firm"), and its customers (hereinafter "Customer").
1.2 Deviating, conflicting, or supplementary GTC of the Customer shall only become part of the contract if the Consulting Firm has explicitly agreed to their validity in writing.
1.3 These GTC apply regardless of whether the Customer is a consumer, entrepreneur, or merchant.
2. Subject of the Contract
2.1 The subject of the contract is the provision of consulting services by the Consulting Firm in the areas of business consulting, coaching, and training.
2.2 The specific services will be defined in a separate contract or offer letter, which must be accepted by both parties.
3. Offer and Conclusion of Contract
3.1 All offers made by the Consulting Firm are non-binding and subject to change unless the offer is explicitly marked as binding in writing.
3.2 The contract is concluded by the Customer's acceptance of the offer. Acceptance can be made in writing, by email, or by signing a written contract.
4. Scope of Services
4.1 The scope of the services to be provided is derived from the respective contract or offer.
4.2 Changes or extensions to the scope of services require a written agreement between the parties.
4.3 The Consulting Firm is entitled to use third parties (subcontractors) to fulfill its contractual obligations.
5. Customer's Duties of Cooperation
5.1 The Customer is obliged to support the Consulting Firm in providing the agreed services. In particular, the Customer must provide the necessary information and documents in a timely manner.
5.2 If the Customer fails to meet their duties of cooperation, the Consulting Firm is entitled to charge the Customer for any additional costs incurred as a result.
6. Compensation and Payment Terms
6.1 The compensation for the consulting services is determined by the price agreed upon in the contract or offer.
6.2 Unless otherwise agreed, all invoices from the Consulting Firm are due for payment without deduction within 14 days of the invoice date.
6.3 In the event of late payment, the Consulting Firm is entitled to charge statutory interest on arrears. The assertion of further damages caused by delay remains unaffected.
7. Liability
7.1 The Consulting Firm is liable for intent and gross negligence. For slight negligence, the Consulting Firm is only liable for breaches of essential contractual obligations (cardinal obligations).
7.2 In the case of slightly negligent breaches of cardinal obligations, liability is limited to the typically foreseeable damage.
7.3 Liability for indirect damages, consequential damages, and lost profits is excluded.
7.4 Liability under the Product Liability Act and for damages arising from injury to life, body, or health remains unaffected.
8. Confidentiality
8.1 Both parties undertake to keep confidential all information and documents obtained within the framework of the contractual relationship that are marked as confidential or are confidential by nature and to use them only for the purposes contractually agreed upon.
8.2 This obligation shall continue to apply after the termination of the contractual relationship.
9. Data Protection
9.1 The Consulting Firm processes personal data of the Customer only within the framework of legal provisions and in accordance with the privacy policy, which is available on the Consulting Firm's website.
10. Contract Duration and Termination
10.1 The contract duration is determined by the respective contract. Unless otherwise agreed, the contract may be terminated with three months' notice at the end of a calendar month.
10.2 The right to extraordinary termination for good cause remains unaffected. A good cause exists, in particular, if the Customer fails to meet their payment obligations despite reminders or repeatedly breaches their duties of cooperation.
11. Final Provisions
11.1 Amendments and additions to the contract and these GTC must be made in writing. This also applies to the waiver of the written form requirement.
11.2 Should individual provisions of these GTC be or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected.
11.3 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.4 The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the Consulting Firm, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.
Version: July 2024