Subject matter of the contract, performance, and scope of service
1. The subject matter of the contract is the agreed consulting activity designated in the contract, and not the achievement of a particular economic success.
2. B29 Consulting performs its services with the diligence of an ordinary businessman and always based on the individual situation and needs of the client. The client is aware that any analysis of a company or market also implies unpredictability.
3. The work is executed by a well-trained consultant, who possess the necessary specialist knowledge. Unless otherwise agreed, B29 Consulting can make use of expert sub-contractors to execute the contract, whereby B29 always remains obligated towards the client directly. Unless otherwise agreed, B29 shall decide at its own discretion which employees or sub-contractors will be used.
4. B29 is not liable for and renders no legal, tax consulting or auditing.
5. Presentations, documents, reports, expert opinions, analyses etc. can be handed in German or English.
Client duties to cooperate
6. The project’s success requires the parties to work together closely. The client will continually and diligently support B29 in the project work. The client will inform comprehensively about the company, which is the subject matter of the contract and about all aspects material to the project, as well as continually provide significant documentation and information, or information and documentation deemed necessary by B29, on time and in full.
7. If and insofar as the client does not satisfy, does not fully satisfy or does not satisfy on time its agreed duties of cooperation with B29 in spite of requests from B29 to do so, the following applies:
a) The client will reimburse additional expenses (time, costs) which B29 incurs as a result at the general fee rates agreed between the parties;
b) In severe cases, B29 has the right to terminate the contract extraordinarily after the failed expiry of a suitable period to fulfill the duties of cooperation.
Non - disclosure agreement
8. From the time the contract is concluded, B29 is obligated for two years to maintain confidentiality over all information designated as confidential or trade and business secrets of the client (hereinafter: “confidential information”) which become known to it in connection with a contract.
9. Insofar as no exception is provided in Clause 8, B29 may only hand over confidential information and reports, expert opinions and written statements about the course and results of its activity to third parties with the client’s prior consent.
10. B29 is entitled to disclose confidential information to professionals that are part of the project, in particular its employees and sub-contractors.
Impediments to performance
11. In the event of unforeseeable and extraordinary occurrences without fault (e.g. in case of unforeseen difficulties in procuring materials, interruption of operations, strike, lockout, defect in transportation, official interventions, energy supply difficulties and the like) possible performance deadlines, which B29 is subject to, will extend to an appropriate deadline.
12. The amount and type of the fee will fundamentally be governed in individual contracts. If no provision has been made in this respect, the following fee rate applies:
175 Euro / hour (excl. VAT)
13. The hourly rate applies for both, work time and travel time. A detailed time sheet can be requested at any time and at short notice if required.
Insofar as the contract term goes beyond a period of 12 months, the fee rate increases by 3 % at the start of each new year of the contract following its conclusion.
14. Agreed down payments are due immediately upon invoicing and before the start of the service.
15. Other fee invoices are due upon receipt and are to be paid within 7 calendar days. If the maturity of an agreed fixed fee depends on the presentation of agreed results, then maturity also occurs if the client no longer accepts results already developed (e.g. as a result of a termination of contract at short notice) at the agreed date.
16. Unless otherwise contractually agreed and insofar as B29 does not owe the creation of a work (the statutory provisions apply in this regard), the contract can be terminated by both parties with a period of notice of 14 days to the end of the month. The right to extraordinary termination remains reserved.
17. The termination requires the written form in order to be effective.