> General Terms and Conditions
> General Terms and ConditionsThe terms and conditions apply to all in-house personnel and organizational development measures carried out by mensch & kommunikation GmbH (hereinafter referred to as mensch & kommunikation)
With the written order confirmation, the client recognizes the terms and conditions. Deviating general terms and conditions of contractual partners are not valid unless they are expressly recognized by mensch & kommunikation.
All orders and agreements must be made in writing, whereby the written form is also deemed to have been met by fax or transmission by email. Verbal agreements shall only be valid if mensch & kommunikation confirms them in writing. This shall also apply to amendments to the contract after its conclusion.
The scope, form, subject matter and objective of the training/consulting services shall be determined on the basis of the final offer from mensch & kommunikation agreed with the client.
mensch & kommunikation employs permanent or freelance consultants and trainers to provide services in consultation with the client.
Fees and costs for the services of mensch & kommunikation are set out in a written order confirmation. The order confirmation will be sent to the client.
Expenses will be charged separately.
All prices are subject to the applicable statutory VAT.
Unless otherwise agreed, payment is due without deduction and 14 days after the invoice date.
Rights of set-off and retention against due payment claims are excluded, unless the counterclaim is undisputed or has been legally established.
The client acknowledges mensch & kommunikation’s copyright to the works created by him/her (training documents, scripts, etc.). Any reproduction and/or distribution of the aforementioned works by the client requires the prior written consent of mensch & kommunikation. The same applies to the use of non-remunerated offers and concepts without the involvement of mensch & kommunikation in their implementation. If documents and materials provided by the client are used, mensch & kommunikation shall not acquire any rights to them.
The client warrants that the works provided by him/her for the execution of the order do not conflict with any copyrights and/or other rights.
mensch & kommunikation undertakes to maintain confidentiality with regard to all business-relevant processes of which it becomes aware through or in the course of its cooperation with the client.
The client, in turn, undertakes to maintain secrecy with regard to all processes of which he/she is aware and of which he/she becomes aware and which are not generally published, in the sense of a business secret.
mensch & kommunikation is also entitled to offer its services to competitors of the client, unless expressly agreed otherwise in writing.
Withdrawal by the client:
In any case, the actual costs incurred (e.g. cancellation fees for travel expenses) shall be reimbursed at 100%.
Cancellation by mensch & kommunikation:
If mensch & kommunikation is unable to attend the event at short notice for reasons for which it is not responsible (e.g. illness, weather conditions), mensch & kommunikation shall be entitled to reschedule the service at a new date to be agreed. Our liability is excluded or limited in accordance with § 7. If a new date cannot be agreed between the parties within a reasonable period of time, the client may withdraw from the contract without incurring any costs.
mensch & kommunikation assures that it and the consultants and trainers it employs do not use, teach or otherwise disseminate or advertise the technology of L. Ron Hubbard or any other technology associated with Scientology at present or for the entire duration of the contract and have not been or will not be trained in this technology, but reject it completely.
mensch & kommunikation is liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the client for damages are excluded. This does not apply to damages resulting from injury to life, limb or health if mensch & kommunikation is responsible for the breach of duty, nor to other damages resulting from an intentional or grossly negligent breach of duty by mensch & kommunikation. A breach of duty by mensch & kommunikation is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the services of mensch & kommunikation occur, mensch & kommunikation shall endeavor to remedy the situation upon knowledge thereof or upon immediate complaint by the client. For his part, the customer is obliged to do what can reasonably be expected of him in order to remedy the disruption and minimize any possible damage. In addition, the customer is obliged to point out in good time the possibility of exceptionally high damage occurring.
Should individual provisions of these General Terms and Conditions for Events be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the parties shall agree on a new provision that comes closest to the invalid provision in economic terms and content.
The exclusive place of jurisdiction is Munich.
Munich, February 2023