Terms of Service

Nordic Consulting Team
Bundgard GmbH

(Hereafter “Nordic Consulting Team”)

§ 1 Scope of Services

The contracts concluded by us are service contracts, unless expressly agreed otherwise. The subject of the contract is the agreed performance, not the achievement of a certain economic success. In particular, we do not guarantee or are responsible for a certain economic or strategic result. The services of Nordic Consulting Team are provided when the requested services such as investigations, analyzes, workshops, training, coaching sessions and the resulting conclusions, are provided. It is irrelevant whether or when the conclusions or recommendations are implemented. Nordic Consulting Team is entitled to use external personnel, third parties and other fulfillment auxiliaries, whereby they are always directly obliged to the client. Nordic Consulting Team decides, at its own discretion, which employees are employed or replaced. On the basis of the applicable legal regulations, we are neither entitled to provide nor will we provide advice on legal and tax issues. These services shall be provided by the client itself. We provide our services on the basis of the data and information provided to us by the client. The guarantee for the factual correctness and completeness hereof lies with the client.

§ 2 Performance Changes

Subsequent modifications and additions to the contract or the essential work results require a written acceptance by both parties to be effective. Protocols on meetings and the project progress will suffice, if signed by both parties. Nordic Consulting Team is obligated to carry out subsequent alterations to the client's requirements, if this is possible without additional costs or delays. Otherwise, Nordic Consulting Team will provide the details of the necessary extra effort within the agreed time frame. If the client does not confirm the change within a period of 14 days in writing, the amendment requirement shall be deemed revoked.

§ 3 Confidentiality / Data Protection

Nordic Consulting Team is obligated to remain confidential about all business or client-related facts, which are known to it in connection with the execution of the contract, even after completion of the contract. Without the client's written consent, Nordic Consulting Team may neither pass it on to third parties nor use it for itself. This also applies to written statements, in particular contract-related reports or recommendations. Nordic Consulting Team is empowered to process the personal data entrusted to it with the data protection regulations or to process them in accordance with the framework agreed upon in the contract.

§ 4 Terms of Payment

Unless agreed otherwise, all fees mentioned are excluding travel costs, expenses and VAT. This also applies to fixed-price offers. The fee for the services of Nordic Consulting Team is calculated according to the time spent on the activity (time related fees) or as a fixed price and agreed in writing. Fixed price offers are also services. Fixed prices can be billed pro rata over the contract period. In the case of larger projects, a first installment of 30% of the estimated contract sum may be required upon signing of the contract. A performance-based success fee will be invoiced only when the written conditions for the fulfillment hereof have been achieved. All fees are due with invoicing and are payable immediately without deductions. The statutory value-added tax is to be added to all prices and must be shown separately in the invoice.

§ 5 Warranty

Nordic Consulting Team carries out all work with the utmost care, taking into account the professional principles and always based on the individual situation and the needs of the client. Nordic Consulting Team ensures that the surveys, analyzes and workshops reflect the situation of the company correctly and completely with regard to the assignment. The conclusions and recommendations to be derived from the investigations are given to the best of our knowledge. The recommendations are presented in a comprehensible manner. Any claim or complaint about the non or insufficient performance must be made by the client in writing without delay. Any claims or complaints regarding the performance of Nordic Consulting Team shall be time-barred in all respects six months after the completion of the work.

§ 6 Cancellation

The client may at any time withdraw from the agreed agreed events (for example consulting, training, workshop and coaching days). The access to the withdrawal declaration is decisive. This can be done in writing, orally, via fax or via online services. Cancellation of the event will result in cancellation fees up to 100% of the event price. The amount of the cancellation fees depends on how the event was canceled by the client at short notice. These cancellation fees will apply for all assignments, unless otherwise agreed in writing by both parties:

  • Up to 29 days before the start of the event no cancellation fee applies
  • 28 - 15 days before the start of the event 50% of the event price
  • 14 - 0 days before the start of the event 100% of the event price

§ 7 Limitation of Liability

Expect for breach of the provision regarding confidential information, in no event shall either party be liable to the other party for any indirect, incidental, special, or consequential damages of any kind or nature, including without limitation, loss of profits or other economic loss, even if such party has been advised on the possibility of such damages, provided, however, that neither party's liability shall be so limited in the event such damages arise directly from such party's fraud, gross negligence or wilful misconduct.
 
Expect for breach of the provision regarding confidential information, the total and collective liability of either party under these terms and the contract between the parties shall be limited to the amount actually paid by the client to Nordic Consultant Team hereunder during the twelve (12) month period immediately preceding the claim for damages.

§ 8 Protection of the intellectual property of Nordic Consulting Team

The Client shall ensure that the reports, organizational plans, drafts, drawings, statements and calculations produced within the scope of the contract by Nordic Consulting Team are used only for their own purposes and are not published or provided to any third party without the explicit written consent of Nordic Consulting Team. The use of the provided consultancy services for companies affiliated with the client requires a separate written agreement. If work results are capable of copyrights, Nordic Consulting Team remains the author.

§ 9 Prevention and Force Majeure

To the extent that a Nordic Consulting Team employee provided for the project is unforeseeable prevented in the determination of an individual tasks, Nordic Consulting Team is entitled to postpone the fulfillment of their obligations for the duration of the prevention and for a reasonable start-up time. Events of force majeure, which make the performance substantially more difficult or temporarily impossible, entitle the respective party to delay the performance of their performance by the duration of the hindrance and a reasonable start-up time. Force majeure and similar circumstances are equivalent to force majeure, as far as they are unpredictable, serious and no fault of Nordic Consulting Team. The parties shall notify each other without delay of the occurrence of such circumstances.

§ 10 Other

The law of the Federal Republic of Germany applies exclusively to all claims arising from the contract. Amendments and supplements to these conditions must be in writing and must be expressly marked as such. If regulations of these general terms and conditions are or become invalid in whole or in part, the remaining provisions shall remain unaffected thereby. The parties undertake to replace the ineffective regulations without delay with effective ones. Jurisdiction and the place of venue for the resolution of any disputes in accordance with these terms or the contract between the parties shall be Hamburg, Germany.