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Theissen Unternehmensentwicklung

Postadress:
Seestrasse 15 l 88662 Überlingen am Bodensee, Germany 
Fon + 49 [0] 75 51 932 997 l Fax + 49 [0] 75 51 932 998
theissen@mtheissen.com l mtheissen.com

Ust.Id.-Nr. DE 247 543 174 l St.Nr. 87356 / 06523
FA 88662 Überlingen am Bodensee 

Managing owner: Matthias Theissen 
Expert | Free Judge [BVFS] 
Persönlicher eMail-Account:
theissen@mtheissen.com 

Design
Abschnitt1 GmbH
Office for visual communication
abschnitteins.de 


Information about law
© Theissen Unternehmensentwicklung 2013. All rights reserved. Particularly any restrike prints, the initiation in Online-Services or Internet and reproduction on audio-visual Medias as CD-ROM, DVD-ROM etc. – also in parts – are allowed, but only after an explicit consent from Theissen Unternehmensentwicklung in written form. All contents (text, pictures) can be taken for own use only. Any other using is not admissible. We don’t undertake any liability for the content of possible externally links. For these Links and the content of linked sites are liable their operators and pubishers only. The Theissen Unternehmensentwicklung don’t undertakes any liability for not requested contents, scripts or pictures.

Professional standards


Preamble 

Consultants working for this company bind themselves to the professional standards customary in trade and advise private as well as commercial and public clients according to their professional job-related orientation. They pursue their profession quality oriented and point out their specific professional qualifications.

Consciousness 

Consultants pursue their profession conscientiously. They only accept mandates for which processing they have the required skills and which can be handled properly under the given circumstances. Consultants prove themselves worthy of the trust and consideration required by their position inside and outside professional life. In public they are to abstain from any action that could damage or seem likely to damage the reputation or standing of the company or the professional association it belongs to, its bodies and office holders or individual associated colleagues.

Independence 

The counselors are to preserve their personal and economic independence when exercising their profession. They must not meet any condition that could endanger their professional independence. Their personal responsibility requires them to personally form their opinion and exclusively orient their decisions according to it.

Discretion 

The obligation to discretion covers every information that has been intrusted or that has become apparent to the counselors while exercising their profession. Counselors are to urge their colleagues and employees to follow this principle especially to protect the clients and colleagues.

Behavior towards clients 

The relationship between counselors and their clients is based on mutual trust. The acceptance of a mandate should be excluded in all cases in which mutual trust can not be established. The same applies for the retention of the mandate. Apart from that the counselors are free to accept any mandate – as long as it doesn’t affect the loyal consideration towards their associated colleagues.

Fees 

Fees must be agreed on before accepting a counseling mandate. The agreement must specify the fee framework for the client clearly.

Incompatible activities 

The counselors are to avoid any activities that can jeopardize the adherence to the principles or the reputation of the profession. They are not to execute any activity that jeopardizes their independence and personal responsibility – also in accordance with the constitution of the professional association they belong to – or counteract their requirements and objectives.

General terms and conditions

§ 1

Scope

Our general terms and conditions (AGB) are valid for all our business-operations with any client. With assignment of our mission through the client they are recognized by him. They are valid for the whole duration of the business relation.

§ 2

Assignment and services

2.1 Basic of the business relation is the assignment by the client in written form, the confirmation of this assignment resp. the consulting-contract, in wherein the the extent of the services and the fee therefore are logged.
2.2 After receipt of order the client get’s an acceptance of order in written form. Herewith is certified that the order is accepted resp. that the consulting-contract came into force. This acceptance of order is also decisive for the date of delivery to render the service.
2.3 In the case of special professional tasks and need we calls in extern consulters and producers. However the business relation exits furthermore between us and the client if there nothing contrary was agreed before. 
2.4 Updates and modifications of offers and orders must be signed by both parties and are a component of the privity of contract between us and our client.

§ 3

Fees and expenses

All our indicated fees are net and additional the value-added tax. That’s also valid for the calculation of all expenses and services of third parties.

§ 4

ZPayment and maturity

4.1 Our claim on payment of fee and expenses will be mature when the service is adduced resp. when we got the invoice about the the service of third parties as agreed before. All services of us which are not explicit expelled as included in the fee are auxiliary services, which we invoice seperate. The table of fees is accessible and can be demanded by every client.
4.2 Fees and expenses will be mature by receipt of invoice.
4.3 It needs no reminder to come in default of payment, if the invoice is not paid between 10 days after receiving the invoice. In this case we are legitimated to quote an amount of interests for delay in a legal acceptable scale. 
4.4 The compensation and deduction of receivables by the client is only valid in this case, if they having the force of law and if they are not controversial. To assert such a righgt is restricted on receivables which results on the same order or contract.

§ 5

Lieferfristen und Termine

5.1 Respites for delivery could be only dates with certain reserves. Of course we are anxious, to provide our services between the agreeded respite.
5.2 In case of a belatedly date of delivery the client has to give a new respite for latest delivery and executing the job.

§ 6

Duty for cooperation

6.1 The client makes avalaible all documents, informations and material which are needed for the execution of his order. 
6.2 If this documents, informations and material are not avalaible to the agreeded time, the limit-time for delivery delays accordingly. The client knows and accepts, that the rendering of the service and the time for delivery possibly could not be the same as agreed before ore the execution of the job can be complete disclaimed.

§ 7

Clause of discretion

Both parties accept the duty to discretion about all informations of business or private matters, which they got in the time of their cooperation. This duty is also in force for all members of staff and all partners which are involved in the execution of the job. This discretion is also in force after the time of cooperation resp. after ending of the contract. Every party is only able to dismiss this abgreement of discretion for their own side. Beyond that both parties are committed to keep safe all documents of the job and cooperation and to secure, that no third party can get an insight in this documents. The consulter is not committed to send back documents, which he got from the client to execute the job. A duty to save datas of the client or the job after ending the job is not given.

§ 8

Limited liability

8.1 We dont undertake any liability for any losses which bases on prevention through diseases or force majeure (e.g. power-failures, natural phenomenons or traffic disruptions), faults in network or the server, digital viruses or faults on the mailing-route. Only the client is liable for the last check – particularly for the clearance – of all datas. 
8.2 We also dont undertake any liability for any losses by Hard- or Software of the client, if we’re sending documents with e-mail, which possibly includes digital viruses.
8.3 We have the duty to execute all entrusted taks with proessional and economic carefulness. But we don’t undertake any liability for the case, that our action are falling short of expectations of the client. 8.4 We dont undertake any liability, if the client is using or giving us documents or informations which are not correctly or if he don’t inform us about this possibility.
8.5 We dont undertake any liability for datas or names and other titles which we get from the client to use, even though the rights on these are laying by third parties.
8.6 Our liability is limited on intention and gross negligence.

§ 9

Complaint

9.1 The client has to inform us about any complaints between 8 days, otherwise the job is official correct executed. 9.2 If the client is objecting the complete job, this complain must be validated by a neutral professional expert-opinion.9.3 In the case of any complain we have the right for a rework. Would be this rework not professional or complete in verifiable form, the client has the right for reduction or change the order. The iability is limited of the scale of order. 9.4 Wenn die Lieferfrist unangemessen lange überschritten worden ist – hier gilt die individuell vereinbarte Lieferfrist als Richtwert – und wir eine vom Mandanten schriftlich mitgeteilte, angemessene Nachfrist nicht einhalten konnten, ist der Mandant zum Rücktritt aus dem Vertrag berechtigt.

§ 10

Severability Clause

If any provision(s) of these general terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The invalid provision is then replaced by that lawfully permissible provision which comes as close as possible to the will and interests of both parties.

§ 11

Applicable law

Applicable law for the legal relationships between the client and us is only the german law.

§ 12

Place of performance and jurisdiction

12.1 Place of performance is the headquarters of our consulting firm in 88662 Überlingen, Germany.
12.2 Place of jurisdiction for all disputes arising directly or indirectly between us and our client shall be the court responsible for our headquarters in 88662 Überlingen, Germany.