SBT – gbcc, Kourosh Ghaffari
I. (In-house / online) courses, trainings, and workshops
1. Design of the order
1.1. The contractor executes the order free of instructions. This order does not establish an employment relationship with the client.
1.2. Unless expressly agreed otherwise, the contractor is entitled to provide the agreed service himself or through qualified employees.
1.3. The contracting parties inform each other about all circumstances that are significant for the order and its execution.
1.4. The client is entitled to cancel the order in writing. Cancellation up to six weeks before the agreed date is free of charge for the client. In the event of cancellation up to four weeks in advance, a cancellation fee of 25 % of the agreed fee is payable, up to two weeks in advance of 50 %, and up to one week in advance of 75 %. In the event of cancellation within a week before the agreed date, the full agreed fee is due. The receipt of the cancellation letter by the service provider is decisive.
1.5. If the contractor is unable to hold the agreed event due to illness or for other important reason, the contractual partners will, if possible, agree on an alternative date. If this is not possible, the client is entitled to carry out the order with another service provider. In this case, the contractor receives compensation of 25% of the agreed fee.
2. Education / Training / Workshop Materials and Copyrights
2.1. The materials provided by the contractor (manuals and other texts, tables, graphics, slides, evaluation sheets, text, video and audio files, concepts for role-play, and other training processes) are subject to the contractor’s copyright. They are left to the participants only for personal use. Further usage rights are not transferred. In particular, the client and the participants are not entitled to reproduce, pass on, or use the materials in events. Materials that are not required must be returned to the contractor.
2.2. The contractor assures the client that the materials used by them are free from third-party rights that prevent their use in the context of the event. The contractor releases the client from third-party claims that could arise from a possible violation of third-party rights through the use of the materials provided by the contractor.
2.3. The client assures the contractor that any materials they may have provided are free of third-party rights that prevent their use in the context of the event. The client releases the contractor from third-party claims that could arise from a possible violation of third-party rights through the use of the materials provided by the client.
3. Advertising
Client and contractor are entitled to refer to their cooperation within the framework of the agreed event for advertising purposes, in particular to advertise the agreed event.
4. Fee and reimbursement of costs
4.1. Unless otherwise agreed, the contractor is entitled to issue interim invoices for the services rendered up to that point at reasonable intervals. The client agrees to receive the invoice electronically or as an email attachment.
4.2. Fee and cost reimbursement claims from services rendered are due immediately and payable within seven days of receipt of the email / invoice.
5. Competition clause
The contract with the client does not prevent the contractor from holding similar events for their own account or for the account of third parties.
6. Liability
Liability is limited in amount and reason to professional liability insurance (see below “III. Additional information in accordance with the German “Service Information Obligation Ordinance” (Dienstleistungs-Informationspflichten-Verordnung-DLInfoV)”. Any further liability is excluded. This disclaimer does not apply to personal injury.
7. Closing Clauses
7.1. The contractor will treat the personal data of the participants and the economic data of the client, which become known to them through the agreed event, confidentially and in accordance with the applicable provisions of data protection. This also applies after the end of the order and after the end of the collaboration.
7.2. Both sides are obliged to delete the personal and economic data of the other side immediately after the end of the cooperation, as soon as they are no longer required for tax or other legal reasons.
7.3. Oral side agreements were not made. Amendments and supplements to the contract must be in writing. This also applies to changes to this written form clause.
7.4. These standard business terms and conditions apply exclusively. No other standard business terms and conditions have been agreed.
7.5. German law applies exclusively. The place of jurisdiction is, as far as permissible, exclusively the place of business of the contractor.
II. Business Consulting, Business Coaching
1. Design of the order
1.1. The subject of the contract is the provision of a service, not the achievement of a certain success. In particular, the contractor does not owe the achievement of a specific economic result. The opinions and recommendations of the contractor prepare the business decision of the client, but cannot replace them.
1.2. The contractor provides his services based on the agreed consulting concept by advising the management; discussions with employees of the client, with authorities, and third parties; and, to the required or agreed extent, through written statements.
1.3. The contractor is authorized, within the framework of the agreed consulting concept and after prior consultation with the client, to issue instructions and make statements to the client’s employees.
1.4. The client will provide the contractor with the necessary data and information in good time. The client designates a contact person and ensures the flow of information to the contractor.
The contractor keeps the client up to date on his activities and requests the necessary data and information in good time. The contractor ensures the flow of information to the client and maintains contact with the designated contact person. The contractor is entitled to use expert third parties and other assistants to carry out the contract.
1.5. The contractor does not provide legal or tax advice within the meaning of the Legal Services Act and the Tax Advisory Act.
2. Confidentiality and data protection
2.1. The contractor guarantees the confidential treatment of the client’s economic data and information that they become aware of through the agreed consulting activity. The same applies to the personal data of the client’s employees.
2.2. The contracting parties will only communicate or publicly announce their cooperation and its details to third parties if the other contracting party has given its consent.
2.3. The confidentiality obligation remains after the contract has ended.
3. Copyrights
The client has the right to use the materials and data created by the contractor for the execution of this contract and to pass them on to third parties and publish them unchanged, naming the contractor as the author. Otherwise, the rights remain with the contractor.
4. Completion of the order
Termination in accordance with Section 627 of the German Civil Code is excluded
5. Compensation
5.1. Unless otherwise agreed, the contractor is entitled to issue interim invoices for the services rendered up to that point at reasonable intervals. The client agrees to receive the invoice electronically or as an email attachment.
5.2. Fee and cost reimbursement claims from services rendered are due immediately and payable within seven days of receipt of the email / invoice.
6. Liability
Liability is limited in amount and reason to professional liability insurance (see below “III. Additional information in accordance with the German “Service Information Obligation Ordinance” (Dienstleistungs-Informationspflichten-Verordnung-DLInfoV)”. Any further liability is excluded. This disclaimer does not apply to personal injury.
7. Closing Clauses
7.1. Both sides are obliged to delete the personal and economic data of the other side immediately after the end of the cooperation, as soon as they are no longer required for tax or other legal reasons.
7.2. Oral side agreements were not made. Amendments and supplements to the contract must be in writing. This also applies to changes to this written form clause.
7.3. These standard business terms and conditions apply exclusively. No other standard business terms and conditions have been agreed.
7.4. German law applies exclusively. The place of jurisdiction is, as far as permissible, exclusively the place of business of the contractor
III. Additional information in accordance with the German "Service Information Obligation Ordinance" (Dienstleistungs-Informationspflichten-Verordnung-DLInfoV)
- “EU certificate” is available as proof of the activity “business consulting including business organization”. Exhibitor: Frankfurt Chamber of Commerce and Industry, Börsenplatz 4, 60313 Frankfurt am Main
- “EU service notification” for the provision of the above service in Austria is available to the competent authority: Federal Ministry of Economics, Family and Youth, Department of Trade Law Enforcement, 1011 Vienna, Stubenring 1.
- Professional and business liability insurance with R + V Allgemeine Versicherung AG, Raiffeisenplatz 1, 65189 Wiesbaden.
Sum insured: €3,000,000 for personal injury and property damage due to activities with simple experiential educational elements, including as a trainer, seminar leader, instructor, lecturer, speaker, management consultant, supervisor, coach, mediator
Scope: Worldwide, in the USA and Canada €10,000 deductible for personal injury - Liability insurance for management consultants with Merkel International Insurance Company Ltd., Germany branch, Luisenstr. 14, 80333 Munich – sum insured €250,000 for financial loss.
Update: April 2021 – Ghaffari Business Coaching & Consulting – D-63110 Rodgau – Mobil: +49-176-210 33 55 6