Coaching Terms & Conditions (AGB) — Agency Contracts

Scope

These General Terms and Conditions (AGB) apply to all contracts concluded between the Contractor and the Client. Deviating terms and conditions of the Client shall not apply unless the Provider and the Client have expressly agreed otherwise.

Duties of the Contractor

• The Contractor does not conclude contracts with consumers or private individuals. The offer is directed exclusively at entrepreneurs.
• The Contractor advises the Client on the following topics: Oracle Database Administration, Consultation, and Training. In doing so, the Contractor acts conscientiously and carefully.
• The content, location, time, and scope of the consulting and services will be agreed upon individually in the contract.
• The Contractor is entitled, in his own name and at his own expense, to subcontract individual services to subcontractors, who in turn may also use subcontractors. The Contractor remains the sole contractual partner of the Client. Subcontractors will not be used if it is apparent that their use conflicts with the legitimate interests of the Client. The Contractor must ensure that all requirements of the contract with the Client also apply to the part of the services performed by subcontractors.
• The Contractor grants the Client the non-exclusive, permanent, and non-transferable right to use the embodied consulting and service results provided under the contract, insofar as this results from the purpose of the contract and unless otherwise agreed.
• The Contractor does not owe any guaranteed success from the consultation.
• The Contractor does not provide legal and/or tax advice. If necessary, the Client is advised to consult a lawyer and/or tax advisor.

Duties of the Client

• The Client is obliged to provide reasonable support to the Contractor in the performance of consulting and services. In particular, the Client must provide the Contractor with all documents, data, and information required for the execution of the order.
• The specific documents, data, and information to be provided result from the individual contractual agreement.
• If necessary, the Client must allow the Contractor’s employees access to its business premises to the required extent during business hours.
• If the Client fails to meet its obligations and the Contractor is therefore unable to complete consulting and services in whole or in part within the agreed time, the agreed period shall be extended accordingly. If an extension is not possible due to fixed deadlines and the consulting/service cannot be performed as a result, the Contractor retains full entitlement to remuneration.

Remuneration

The remuneration for consulting and services will be agreed upon individually. All prices – unless otherwise stated – are net prices plus applicable statutory VAT.

Liability

The services provided by the Contractor will be invoiced weekly, but no later than upon completion of the services.

The Contractor shall be liable to the Client for all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses as follows:

• The Contractor is liable without limitation for any legal reason in cases of intent or gross negligence, in cases of willful or negligent injury to life, body, or health, due to a guarantee promise (unless otherwise regulated), or due to mandatory liability.
• In the event of negligent breach of an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies as stated above. Essential contractual obligations are those obligations which the contract imposes on the Contractor in accordance with its content for the purpose of achieving the contract’s objectives, whose fulfillment enables the proper execution of the contract in the first place and on whose observance the Client may regularly rely.
• Otherwise, the Contractor shall not be liable.
• The above liability provisions also apply with regard to the liability of the Contractor’s vicarious agents and legal representatives.
• The Client indemnifies the Contractor against all third-party claims – including legal defense costs at the statutory rate – which are asserted against the Contractor due to unlawful or contractual violations by the Client.

Data Protection

The Contractor treats personal data confidentially and in accordance with statutory data protection regulations.

Final Provisions

Contracts concluded between the Provider and the Client are subject to the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the Client is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the place of jurisdiction for all disputes arising from this contractual relationship shall be the Contractor’s place of business. Exclusive places of jurisdiction remain unaffected.

If any provision of these General Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected.