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General Terms and Conditions

The following General Terms and Conditions govern all contracts concluded with CONTRACT GmbH. They apply to contracts entered into on or after 6 June 2024. For contracts concluded before 6 June 2024, please refer to the CONTRACT Terms and Conditions valid until 5 June 2024 (German version). In addition, the supplement regarding daily rates pursuant to Section 4 of these General Terms and Conditions applies from 1 January 2025.

1. General

Orders placed with CONTRACT are concluded and performed exclusively on the basis of these General Terms and Conditions. Any conflicting terms and conditions of the client shall not apply unless and for as long as they have been acknowledged in writing.

2. Services of CONTRACT

    • Unless agreed otherwise in an individual case, CONTRACT’s activity consists in the independent and instruction-free provision of consulting services to the client.
  • A specific result is neither owed nor guaranteed. The client alone is responsible for deciding on the timing, nature and scope of any measures recommended by CONTRACT or coordinated with CONTRACT. This also applies where CONTRACT supports the client in implementing agreed plans or measures.
  • The specific content and scope of the services to be provided by CONTRACT shall be governed by the written order placed. If additional or supplementary activities prove necessary, CONTRACT shall inform the client accordingly. In this case, an extension of the order shall also be deemed agreed if the client requests or accepts such additional or supplementary activity.
  • In performing its services, CONTRACT shall rely on the information and documents communicated or provided by the client, as well as any figures submitted, as being complete and correct. CONTRACT shall not be obliged to verify their accuracy, completeness or correctness, nor to conduct its own research. This shall also apply where, within the scope of the order, CONTRACT is required to carry out plausibility checks or valuations which are based solely on the information, statements or documents provided by the client and do not include their verification.
  • The provision of legal or tax advisory services is excluded from the scope of contract.
  • Any disclosure or presentation of CONTRACT’s written work products or results to third parties requires CONTRACT’s prior consent and shall be made solely in the interest and on behalf of the client. Such third parties shall not thereby be included in the protective scope of the contract between the client and CONTRACT. This shall also apply if the third party bears or assumes, in whole or in part, the remuneration for CONTRACT’s services to the client.

3. Duties of cooperation of the client

  • The client shall provide CONTRACT with all information and documents required for the performance of the order, in full and with accurate content.
  • If, upon request by CONTRACT, the client fails to perform, or fails to perform in full, the cooperation required of it, CONTRACT shall be entitled, but not obliged, after prior written notice, to terminate the concluded contract without notice. In this case, CONTRACT may invoice the client either for the services actually rendered up to the date of termination or, alternatively, for the agreed or projected total remuneration less the expenses saved as a result of the early termination of the contract.

4. Remuneration

  • CONTRACT’s services shall be calculated and remunerated on the basis of the daily rates agreed with CONTRACT, plus expenses, incidental costs, daily allowances, travel and accommodation costs, etc.
  • We charge daily allowances at the usual rates of
    EUR 28 per 24 hours or EUR 14 per 8 hours (current status), unless meals are provided.
  • CONTRACT shall be entitled to invoice reasonable advance payments for services expected to be rendered, or reasonable instalment payments for services already rendered. Consulting services shall commence once the first advance invoice has been settled.
  • If requested advance payments, instalment payments or other invoices issued by CONTRACT are not paid, or not paid in full, CONTRACT shall be entitled to suspend further activities until the outstanding amount has been paid in full. In addition, following a prior written reminder including notice of termination, CONTRACT may terminate the concluded contract without notice. In this case, CONTRACT may invoice the client either for the services actually rendered up to the date of termination or, alternatively, for the agreed or projected total remuneration less the expenses saved as a result of the early termination of the contract.

5. Payment terms

  • The remuneration agreed with CONTRACT constitutes net prices and is payable plus the applicable statutory value added tax.
  • CONTRACT’s invoices become due upon receipt by the client without deductions. Invoices must be paid no later than on the 15th calendar day after the due date to the account specified by CONTRACT. Different arrangements may be agreed in individual contracts.
  • Cancellation policy: After acceptance of the offer / placement of the order, the following conditions shall apply in the event that the client cancels events or appointments:
    – Up to 4 calendar weeks before the agreed start of the event, cancellation is free of charge.
    – Up to 2 calendar weeks before the agreed start of the event, 50% of the agreed service fees plus any non-cancellable travel costs shall be charged.
    – In the event of cancellation less than 2 calendar weeks before the agreed start of the event, we shall charge the agreed service fees plus any non-cancellable travel costs.Different arrangements may be agreed on a project-specific basis; otherwise, the above conditions shall apply. The same shall apply to postponements of events for which the client is responsible.

6. Liability

  • Any liability or warranty for the success of measures recommended by CONTRACT is excluded. This also applies where CONTRACT supports the implementation of agreed or recommended plans or measures.
  • Unless the client is a consumer, CONTRACT shall only be liable in cases of intent or gross negligence. Liability shall be limited in amount to the damage typically foreseeable. Claims relating to injury to life, body or health shall not be subject to any limitation of liability.
  • CONTRACT shall not be liable if the damage incurred is also attributable to incorrect or incomplete information or documents provided by the client. The same shall apply if circumstances giving rise to liability are not notified to CONTRACT in writing by the client within 14 calendar days of becoming aware of them.
  • This limitation of liability does not apply to claims based on data protection law. Information on data protection provisions can be found under Data Protection.

7. Final Provisions

  • Any amendments or additions to the order or to these General Terms and Conditions shall, in order to be effective, require written form, with the exception of order extensions pursuant to Section 2(c) of these Terms and Conditions. Any implied amendment of the order or of the General Terms and Conditions is excluded.
  • Should any provision of the order or these Terms and Conditions be or become legally invalid, this shall not affect the legal validity of the remaining provisions of the order or of these Terms and Conditions. In such case, the contracting parties shall agree on a legally valid provision that comes as close as possible to the meaning, purpose and economic objective of the invalid clause. The same shall apply if the order or these Terms and Conditions contain an unintended gap which must be filled by way of supplementary interpretation.
  • The place of performance for all services shall be Karlsruhe. The exclusive place of jurisdiction for all disputes arising from the order, including documentary, bill of exchange and order for payment proceedings, shall be Karlsruhe, insofar as the client is a merchant, a special fund under public law or a legal entity under public law. If the client is not a merchant, Karlsruhe shall likewise be agreed as the place of jurisdiction if, at the time legal proceedings are commenced, the client has no general place of jurisdiction in Germany, or if the client’s habitual residence and/or domicile is outside Germany, has been moved there, or is unknown.

This English version is provided for convenience only. The German version shall prevail in the event of discrepancies.