General Terms and Conditions | Abacus-Alpha

This English translation is for convenience only. The German Allgemeine Geschäftsbedingungen is binding in a court of law.

§ 1 - General Terms of Agreement
1. These general business conditions are an integral component of each consulting agreement, whether it come in written or verbal form.
2. Abacus-Alpha is entitled to carry out the consulting order through expert colleagues or commercial/freelance cooperation partners entirely or partially.
3. The client ensures that the organizational conditions fulfill the consulting order, unimpaired, at its registered place of business and permits the rapid continuation of the consulting process.
4. The client ensures that they will produce all documents necessary for the fulfillment and execution of the consulting order in a timely manner and without special requests, and that all procedures and knowledge of the circumstances is given to the management consultant. This applies to all documents, procedures and circumstances that develop during activity with the adviser.
5. The mutual trust between the client and the management consultant requires that the adviser is informed about prior and/or current consultation.
6. If any individual regulations of the general terms and conditions should become ineffective, this does not affect the remaining conditions.

§ 2 - Area and Extent of Application
These business conditions apply in each case, except when their validity was set expressly in writing prior to the distribution of the consulting order and the cancellation was confirmed by Abacus-Alpha.
All consulting orders and other agreements are legally binding immediately upon ordering either verbally or in writing, and are subject to these general terms and conditions, which can be requested by the client at any time.
The non-requirement of these general terms and conditions presupposes tacit agreement with the same.

§ 3 - Range of the Consulting Order
The range of the consulting order will be arranged between the client and Abacus-Alpha. The extension of the consulting order during the course of the consultation by the client will inevitably involve an adjustment of the previously agreed upon fee.

§ 4 - Reporting
The management consultant obligates himself to present a report, orally or in writing. At the end of the consulting order, the results are submitted in form of a written report or a presentation to the client. After the report has been collected by the client, the consulting order ends.

§ 5 - Protection of the Intellectual Property of the Management Consultant
The client is obligated to ensure that the information and documents created during the course of the consulting order by Abacus-Alpha and their employees and cooperation partners will only be used for fulfilling the consulting order.
The client may not give away any information created by Abacus-Alpha for any reason without written permission. Abacus-Alpha cannot be held liable for that information.
The use of professional remarks of the management consultant for advertising purposes by the client is inadmissible. An offense of that nature entitles Abacus-Alpha to cancel, without notice, all orders not yet accomplished.
The copyright for the consulting order and its attained achievements remains the possession of Abacus-Alpha.
The provided consultation is the intellectual property of Abacus-Alpha. The client has the right to use the material after the consultation ends only for its own purposes and as outlined in the contract. Every transfer of the material will result in compensation claims by Abacus-Alpha, even if the client goes out of business.
In such a case, the client is liable for compensation of the entire economic damage that has occurred resulting from the transferring of that material.

§ 6 - Defect Removal, Warranty and Liability
The management consultant is obligated to notify a client when an error or misjudgment has been made on his part, and must take steps to rectify that error.
This warranty covers the period of 3 months after the projects completion. The client is entitled to free removal of defects if they are presented to the management consultant.
This claim expires 3 months after the projects completion. The burden of proof lies with the client.
Abacus-Alpha is not liable for economic damages or consequential damages made to the client following the consulting order. In the consulting order, business data and market data are analyzed and a recommendation is given to the client. The execution of these recommendations and the consequences thereof are the sole responsibility of the client.

§ 7 - Privacy Agreement
The management consultant, its colleagues and the consulted colleagues obligate themselves to retain the client’s privacy over all matters in connection with their activity for the client. This privacy refers to both the client and its business relations. Only the client can release the management consultant of this secrecy.
The management consultant may hand over reports, appraisals, and other written documents of the results of its activity to a third party only with the consent of the client.
The privacy from the advisor its colleagues also applies after the order is completed.
Cases in which a legal obligation exists for giving information are excluded.
The management consultant is authorized to process personal data in making the consultation and may also entrust the information to be processed by a third party. The management consultant guarantees the protection of that data in accordance with privacy regulations.

§ 8 - Fee Requirement
Abacus-Alpha requires a fee for the early cancellation of a consultation order. The maximum fee will be arranged before the contract is made.
If completion of the order is prevented after the contract is signed, the client remains responsible for this fee.
If completion of the order is prevented by reasonable circumstances at the fault of Abacus-Alpha, the client is only responsible to pay for the work already accomplished. This applies especially if the material that was created up to that point is useable by the client. Abacus-Alpha reserves the right to cancel an order based on outstanding payments.
Objection to the work of the management consultant does not entitle the client to withhold payment.

§ 9 - Terms of Payment
If no other arrangements are made prior, the amount is due 30 days after the invoice is written, without discount. A 2% discount will be awarded if paid within 10 days. Participation fees are due within 25 days, without discount.

§ 10 - Objection To Bill
Objections to the bill will be considered only if addressed within 8 calendar days after the invoice is written. The objection must be submitted to Abacus-Alpha in writing. If no objections are made during this period, tacit agreement with the client over the bill and its contents are presupposed. Objection to the bill does not release the client from obligation to pay within the given period.

§ 11 - Applied Rights, Place of Fulfillment, Legal Venue
To the consulting order, its execution and the requirements resulting in that, German rights apply.
For contracts with foreign companies, the German contract text and the German Allgemeine Geschäftsbedingungen are legally binding.
Place of fulfillment is Neuhaus-Schierschnitz and legal venue is Sonneberg (Thuringia, Germany).