We create freedom

General terms and conditions MBC-Consult

  • § 1 Range of validity

    These general terms and conditions are valid for contracts which includes providing advice and information through MBC- Consult to the client during the planning, preparation and accomplishment of entrepreneurial or technical decisions in the areas of controlling and accounting, including educations of employees and services for allocation support as far as this is covered by law; assertively excluded are support services related to the preparation of annual accounts (balance sheet drawing, book review and certification). These conditions of ordering have priority in front of all terms and conditions and in front of all purchase conditions of the individual client.

  • § 2 Object of agreement / Volume of services

    Details of the assignment, like nature of the task, duration, honour etc. will be handled in a separate written contract (assignment). After you have placed the order you will receive a confirmation notice in advance. Object of the assignment is the agreed activity, like education, consulting allocation support but not the achievement of a certain economic success or the development of an experts’ report or other objects. Accounting activities will only be done in cooperation with the client. MBC-CONSULT will perform activities related to allocation support only under control of the client and does not takeover any responsibility for completeness or the operational result. The services of the consultant are completed as soon as the required examinations, analyses and resulting conclusions have been defined with the client. It is irrelevant if or when the conclusions or recommendations will be implemented.
    If MBC-Consult should provide a detailed report in addition, this must be agreed separately. The report will be no experts’ report but will only include the main content of the way and the result of the consulting activity.
    MBC-CONSULT is allowed to include freelancers as sub-contractors whereas she will remain as direct contractor to the client. MBC-CONSULT decides at own discretion which employee will be appointed to or removed from a specific activity.

  • § 3 Change of services

    Succeeding changes and supplements of the order or main work results requires a written form to become effective. This is also valid for the disclamation of the written from. Meeting minutes of conferences and project status fulfil this requirement in case they get signed by a representative of both parties.
    MBC-CONSULT is obligated to satisfy succeeding change requests of the client as long as this can be fulfilled without additional costs or an impact on agreed dates. If this is not possible, MBC-CONSULT will inform the client within 14 days about the details of the required additional efforts. In case the client does not confirm the changes in written form within 14 days, the change request will be treated as annulled.

  • § 4 Professional secrecy / Data privacy

    MBC-CONSULT is obligated, also after completion of the order, to keep silence about all business or order related facts which have been recognized in conjunction with the order execution. Without written agreement of the client MBC CONSULT is not allowed to either distribute these facts to a 3rd party or to use them on her own. This is also valid for written announcements, especially order related reports or recommendations.
    MBC-CONSULT takes on the responsibility to oblige all persons constituted for order fulfilment in a written form regarding this instruction. MBC-CONSULT is certified, within the framework of the purpose of the order, to process personal data made available to her either by her own or through a 3rd party.

  • § 5 Clients obligation to co-operate

    The client is obligated to support MBC CONSULT as far as possible and to setup all prerequisites within his environment which are necessary for a regular order execution. Especially the client needs to satisfy all determinations of the works constitution act and the German law on labour leasing. For activities in the framework of accounting support the obligation regarding the prompt examination and observation of all activities regarding correctness in sense of his company behoves at the client side as well as taking care about the completeness of all information provided. Pre-tax declarations as well as other taxes must be submitted by the client himself and must be examined by himself as well. The occupation of an accounting support resource (auxiliary person) doesn’t release the client from his legal liability and the obligation for prompt examination of the bookings and resulting reports, evaluations and results. In case parts of the bookkeeping will be transferred into other unknown surroundings, the client also needs to take care about the regular processing of import and export of the data. This is especially valid in case imports and exports include data which is either related to master data or data required for correct allocation which will be transferred through an interface.

  • § 6 Reimbursement / terms of payment /offsetting

    If not agreed differently, MBC-CONSULT has the right to claim additional expense like travel expense and mileage allowance beside the general charge.
    The compensation for the services of MBC-CONSULT will be either calculated based on the times applied for the activities (time based charge) or defined as a fixed price in written form. A payment based on the degree of success or a payment which is only due in case of success is excluded in any case. The payment rates agreed at the time of the order placement keep valid for one year.
    All demands will become due on the date of invoicing and must be paid promptly without any deductions. The legal sales tax has to be added to all quotations and must be displayed separately in the invoice.
    More than one client (natural and / or juristic persons) will be made liable all together. An offsetting against demands of MBC-CONSULT for reimbursement and reimbursement of out-of-pocket expenses is only permissible with inarguable or enforcing demands.

  • § 7 Warranty / Prescription law

    MBC-CONSULT is performing all work with the highest possible carefulness and always related to the individual situation and the needs of the client.
    MBC-CONSULT provides warranty therefore, that the investigations and analysis reflects the situation of the company under investigation regarding the problem correct and complete. Data either delivered by a 3rd party or the client will not be checked. The conclusions taken out of the examinations will be provided based on best knowledge and according to recognized rules of science and custom. The conclusions will be displayed in an understandable and pursuable manner.
    MBC-CONSULT provides warranty for the engagement of well educated employees with the required skills as well as for the ongoing care of them during the order execution.
    The Client is allowed to claim for the removal of any faults. After two attempts to remove the faults without success, the client may request either a reduction of the reimbursement or a termination of the contract.
    In case the order has been either placed by a merchandiser under the framework of his commerce, a juristic person of public law or by a public-juridical separate estate, the client is only allowed to ask for contract termination in case the service provided is without interest for him because of miscarries of the act of fixing the faults. For additional claim of damages please see § 8. The claim for removal of faults must be addressed by the client without any further delay in written form. Obvious faults will be treated as authorized in case they get not rebuked within 2 weeks in written form. The claims of the protrudent paragraph prescribe with the expiration of six month after completion of the work.

  • § 8 Legal liability

    The Consultant will be liable against the client, no matter to which cause in law, for the damages caused either intentionally or wantonly negligent by either himself or his employees.
    A warranty for slight negligence only exists in case of the injury of main contract obligations. In this case the warranty for non-typical damages gets excluded. For one single damage the warranty is limited to the threefold value of the payment, max 5.000 Euro. One single case of damage is defined as the sum of all damage claims of all legal heirs, which results out of one single service provided in a coherent timeframe. In case of a predictable damage risk which is essentially higher, MBC-CONSULT is obligated to offer the client a higher sum for legal liability whereas she is allowed to adjust her reimbursement accordingly.
    The limitation of liability mentioned in the protrudent paragraph is also valid in case of wantonly negligence in case the order has been placed by a merchandiser under the framework of his commerce, a juristic person of public law or by a public-juridical separate estate. Non-liability exists for import and export data out of other surroundings or related master data and booking logics, as well as for related results. Non-liability also exists for material out of external investigations of unknown 3rd parties as well as for all external information which has been provided by the client as a basis for the activities under the assignment. A legal liability for data, information and the regular processing through 3rd party (software) is excluded by MBC-CONSULT. The contractual agreed damage claim of the client against the consultant prescribes within 2 years after the genesis of the claim.

  • § 9 Protection of the intellectual property of the consultant

    The Client has to secure that the reports, organisation plans, drafts, drawings, exhibitions and calculations provided by MBC-CONSULT under the framework of the order will be used only for his own purposes and will not be issued without assertive approval by MBC-CONSULT on a case by case basis. The utilization of the provided consulting services within companies allied with the client requires a written separate agreement.
    As far as the working results could become part of copyright, MBC-CONSULT will remain as originator. In this cases the client receives the temporally and locally unrestricted, irreversible, exclusive and non transferable right of use for the working results, which only gets limited by paragraph 1, sentence 1.

  • § 10 Default of acceptance / failure to render assistance

    If the client gets into delay with the acceptance of the consulting services or if he does omit a participation which behove to him despite reminder and deadline, the consultant is entitled for termination without notice. Independent of the declaration of this right of cancellation MBC-CONSULT has the entitlement for substitution of the damages or the additional expenditures which have been caused by either the delay or the failure to render assistance.

  • § 11 Fiduciary duty

    The groups oblige themselves to mutual loyal ness. It is especially omit to enlistment or otherwise employ employees or former employees which are either part of the order fulfilment or have been part of it, before expiration of 12 month after completion of the collaboration.
    The Client obligates himself to inform MBC-Consult immediately in case he has the awareness of any demission or change intension of employees of MBC-CONSULT which are part of the order fulfilment.

  • § 12 Force majeure

    Events of force majeure which impede the achievement essentially or make it temporarily impossible entitle the affected group to postpone the fulfilment of her achievement for the duration of the disability and an appropriable warming up time. Force majeure has to be seen equal to labour dispute and similar circumstances as long as they are unpredictable, serious and have not been caused through fault of one’s own. The groups will inform each other without any delay in case of the admission of such circumstances.

  • § 13 Demission

    The order can be cancelled without keeping any deadline in case of an important reason and within a deadline of six weeks to the end of a quarter for all other reasons. The cancellation requires a written form to become effective. Excluded of this are seminars and schooling (see § 2 Regulation schooling).

  • § 14 Right of retention / Keeping of documents

    Until full payment of her accounts receivable MBC-CONSULT has the right to keep documents provided to her by the client, indeed, the exertion of this right will be against the fiduciary duty in case, after assessment of the interests of both groups, keeping these documents would cause a unproportionately high damage to the client.
    After offset of the claim according to the contract MBC-CONSULT is obliged to give back all documents which have been provided either by the client or a 3rd party to her for order fulfilment. This is not valid for the correspondence between the groups and for simple transcripts of the reports, organisation plans, drafts, drawings, exhibitions and calculations etc. as long as the client has received the originals.
    The obligation of MBC-CONSULT to keep the documents expires six month after delivery of the written appeal for collection of them. For the rest three years, for kept documents according to paragraph 1 five years after completion of the contractual relationship.

  • § 15 Terms and conditions for schooling / seminars / services

    Approx. six weeks before the start of the seminar you will receive individual information about the course schedule and for your planning regarding the rooms required for the seminar. Approx. three weeks before the start of the seminar you will receive the invoice for the seminar. Our honorarium has always to be seen plus the legal sales tax for invoices within Germany. In case the rooms required for the seminar will be arranged by MBC-CONSULT directly, the rent for the rooms as well as other expenses will be charged accordingly. Related invoices must be paid without any discount, latest at the start date of the individual seminar.
    Rebooking / Cancellation of the service: Without payment possible until four weeks before the start of the seminar / service. In case an enrolment will be rebooked or cancelled within four weeks before the start of the seminar / service, we calculate for disposition costs a handling charge of 50% of the daily honorarium plus legal sales tax. Within 14 days before start of the seminar / service the cancellation of the service will be charged with 100% plus legal sales tax.
    Cancellation of booked Hotel rooms: In normal case we usually book a single room with shower / bathroom according to the individual conditions in the town where the seminar should take place after your enrolment. In case the hotel would charge us with cancellation costs due to your cancellation of the seminar / service we will have to charge you with these additional costs. Speakers: In normal case the speakers for our seminars will be identified by name in advance but we keep the right to exchange a speaker in a single case (e.g. in case of illness). Seminar cancellation: Costs which will occur to you in case a seminar must be cancelled by MBC-CONSULT (e.g. because of an accident or stay in a hospital) can not be reimbursed. Confirmation of participation in a course: Please keep in mind that we are only allowed to confirm the participation in a course in case the participant has been present for the whole duration of the course.

  • § 16 Sundries

    Rights resulting out of the contractual relationship with MBC-CONSULT may be only transferred by written agreement.
    For all claims resulting from the contract only the law of the Federal Republic of Germany is valid. Changes and add-ons to these terms and conditions require a written form and must be marked assertive as such.
    If rules of these general terms and conditions are either completely or partly ineffective this will not affect the remaining rules. The groups commit themselves to replace the ineffective rules through effective ones immediately.
    Place of trial for all quarrels resulting of the contract is Balingen, as long as the order has been placed by a merchandiser under the framework of his commerce, a juristic person of public law or by a public-juridical separate estate.