Michael P. Schmitz performs consulting and coaching services on behalf of best way consulting GmbH (hereinafter referred to as the Contractor) in accordance with these General Terms and Conditions (GTC). These terms and conditions are deemed to be accepted upon commissioning. Deviations from these GTC must be agreed upon in writing. The contracts concluded are service contracts, unless expressly agreed otherwise. The subject of the contract is therefore the provision of the agreed services, not the achievement of a specific result. In particular, no specific economic result is owed. The opinions and recommendations prepare the entrepreneurial decision of the client. They can in no case replace it. The contractor is entitled to use auxiliary staff, expert third parties and other vicarious agents for the execution of a consulting/coaching contract. Consulting services in legal and tax matters are neither promised nor provided on the basis of the applicable regulations. These services are to be provided by the client him/herself. The consulting/coaching services shall be provided on the basis of the data and information provided by the client or his/her representatives. The client shall be responsible for their factual correctness and completeness. Consulting services are generally provided in written form. Information provided orally shall not be binding.
The offers are subject to change. They are subject to change without notice. All fees are in Euro and subject to VAT. For consulting/coaching services, the fees specified in the offer will be charged. If the consulting or coaching takes place outside of the contractor’s company headquarters, additional travel and accommodation costs will be charged according to the offer. As long as there is no confirmation of costs from another source, the client is considered to be the debtor of the consulting/coaching fee. Unless otherwise agreed, the fee is due immediately after invoicing and without deduction. Retention of the fee and offsetting are only permitted if the claims of the client are recognized by the contractor or have been legally established.
All documents handed over to the client are included in the agreed remuneration, unless otherwise agreed. The copyright to the documents belongs solely to the contractor. The client is not permitted to reproduce the documents in whole or in part and/or make them accessible to third parties without the written consent of the contractor.
The verbal recommendations and consulting services as well as consulting services in documentations are carefully considered and checked. The activity of the contractor is a pure service activity. A success is therefore not owed. Liability is excluded. The dispatch or electronic transmission of any data shall be at the risk of the client. The liability for the proper performance of the services according to § 1 of the consulting agreement is limited to the partnership and to the respective service provider. In the event of a defective service, the Contractor shall be entitled to rectify the defect. If the rectification fails twice, the Principal shall be entitled to the statutory rights.
The Contractor undertakes to maintain unlimited confidentiality vis-à-vis third parties regarding all operational, business and private matters of the Client that become known in the course of the activity, even after the termination of the contract. Furthermore, the Contractor undertakes to carefully store the documents provided for the purpose of the consulting activity and to protect them against inspection by third parties.
The consulting or coaching shall be carried out on the basis of the preparatory discussions held between the parties. The activity of the contractor is based on cooperation and mutual trust. The contractor is available to the client as a process companion and to support decisions and changes – the actual change work is done by the client.
Should individual provisions of the contract with the Client, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
Place of performance is Koblenz. The place of jurisdiction is the competent district court of Montabaur. The law of the Federal Republic of Germany shall apply.
Michael P. Schmitz
+49 (0) 2602 9160 100
+49 (0) 151 61115644
2022 best way consulting GmbH