General Terms and Conditions
Tiba Managementberatung GmbH (hereinafter referred to as ‘Tiba’)
Work Hours Regulation
The consultants and trainers appointed for a project are usually available to the client during normal working hours. The work hours are at least 8 hours per day. Travel times: Travel time to and from the client’s main location within Germany or within one country will not be charged. Travel time on behalf of the client to other locations as well as for international assignments will be charged by the hour at 50% of the agreed billing rate. Travel expenses: The form and scope of travel expenses are set in the individual order with the client.
The client shall provide Tiba with all data and information necessary for the execution of the contract in a timely manner. Tiba will keep the client informed about its activities and request the data and information necessary for the execution of the contract in a timely manner. Tiba will ensure that all business secrets of the client as well as all information classified as confidential by the client will be treated accordingly. In return, the client agrees to treat all information about Tiba’s methods and procedures as a trade secret of Tiba. The obligation to maintain confidentiality, including the obligation to consult with the management of the other party in cases of doubt, shall continue to exist even after termination of the contractual relationship.
Processing and Disclosure of Information and Data
The client agrees to the processing (collection, storage, modification, communication) of information and data about the client exclusively in the context of the legal transactions entered into. A transfer of data to third parties is subject to mutual agreement.
Tiba invoices the services provided as well as the incidental costs incurred after the provision of services, usually monthly retrospectively. All invoices must be paid within 14 days of receipt without any deductions to the bank account specified in the invoice. Essential for the invoice receipt is the receipt of the payment in the specified bank account.
Due Date of Invoices
If the client is past due with the payment of a claim in total or partially, all existing claims shall become due for payment immediately.
Right to Offset / Retention
The client is entitled to offset claims and liabilities if the counterclaims against Tiba have been legally established, undisputed, or acknowledged. The client is entitled to a right of retention insofar as the counterclaim is based on the same legal relationship. This also applies in the event of forfeiture of the seller’s assets.
Assignment of Claims
Tiba is entitled to assign claims arising from business relations with the client.
Exchange of Consultants and Trainers
In justified cases, Tiba is entitled to replace its consultants and trainers deployed in the assignment with other, equally qualified experts. The names of the employees and the date of replacement must be communicated to the client in due time. The client is equally entitled to request an expert exchange if the service is not provided to client’s satisfaction.
The client shall provide all documents, information, and premises necessary to carry out the work. The service provided by Tiba requires the client’s cooperation at every stage of executing the assignment to the agreed extent.
All information provided by Tiba about the time required for services within the assignment and the dates for the provision of these services is provided exclusively based of the information received from the client. If it becomes apparent during order processing that information cannot be adhered to, Tiba will notify the client immediately, stating the reasons and any consequences for the execution of the order.
Rights to Assignment Results
The client may use the assignment results within the scope of the work for its own purposes with the exclusion of other exploitation possibilities. Tiba is entitled to use the work results and documentation for its own purposes. It shall be ensured that third parties do not receive any reference to the client or to any trade secrets of the client.
Tiba is liable for the service provided in the event of intent and gross negligence. If Tiba has to pay damages, these claims shall be exclusively monetary. The sum of all claims for damages is limited to the contractual amount. Claims for damages arising from delay, failure of performance, breach of claim, fault in the conclusion of the contract and non-contractual action are excluded.
Both parties have the right to cancel the contract within 4 weeks’ notice. The contract shall be terminated in writing. Trainings / workshops: All dates will be fixed in writing. The client is entitled to cancel trainings / workshops. These can also be postponed once by a maximum of six months. The new date will be set by mutual agreement. Cancellation and notification of the wish for postponement must be made in writing (via e-mail). Any hotel and travel expenses already incurred will be reimbursed by the client. The conditions for cancellations and postponements are regulated in the individual order with the customer.
If Tiba’s General Terms and Conditions contradict the Client’s General Terms and Conditions, the disputed facts shall be agreed separately within the framework of the contract negotiations.
Place of Jurisdiction and Law
Place of jurisdiction is Munich. International purchase law is explicitly excluded.