Sec. 1 Scope

(1) These General Terms and Conditions (“T&C”) apply to all contracts for consulting and other services concluded between BERTELPARTNER GmbH, Bonner Straße 12, 51379 Leverkusen (“we”, “provider”) and its clients (“client”), unless expressly agreed otherwise.

(2) These T&C apply to businesses within the meaning of Sec. 14 of the German Civil Code (BGB). If individual services are also to be offered to consumers (Sec. 13 BGB), additional consumer protection provisions (e.g. right of withdrawal) are required, which are not included in this template.

(3) Deviating, conflicting or supplementary terms and conditions of the client shall only become part of the contract if we have expressly agreed to their validity in writing.

Sec. 2 Conclusion of Contract

(1) The presentation of services on our website does not constitute a legally binding offer, but a non-binding invitation to the client to submit an offer.

(2) By submitting an inquiry via the contact form, email, or other means, the client submits a binding offer to conclude a contract.

(3) The contract is concluded upon our express order confirmation in text form or upon commencement of the service.

Sec. 3 Scope of Services

(1) The scope of the respective service owed results from the individual service description or specific offer/order.

(2) Changes or additions to the scope of services require a separate agreement in text form.

(3) We are entitled to use agents and subcontractors to provide the service, provided this serves the proper performance of the contract.

Sec. 4 Client’s Duty to Cooperate

(1) The client shall provide us with the information, documents and access required for the provision of the service in a timely and complete manner.

(2) Delays caused by a breach of these duties to cooperate shall not be to our detriment; any additional expenses resulting therefrom may be invoiced separately.

Sec. 5 Remuneration and Payment Terms

(1) Remuneration is based on the respective agreed price list or the individual offer. All prices are exclusive of statutory VAT unless stated otherwise.

(2) Unless otherwise agreed, invoices are due for payment without deduction within 14 days of the invoice date.

(3) In the event of default in payment, we are entitled to charge default interest at the statutory rate (Sec. 288 BGB) as well as the statutory lump-sum default damages.

(4) The client may only offset undisputed or legally established claims. The client has a right of retention only for counterclaims arising from the same contractual relationship.

Sec. 6 Term and Termination

(1) Unless otherwise agreed in individual cases, the term and termination options are governed by the respective order.

(2) The right to extraordinary termination for good cause remains unaffected for both parties.

Sec. 7 Warranty

(1) For pure services (Sec. 611 BGB), we owe the agreed activity, but not a specific result, unless a result under a contract for work has been expressly agreed.

(2) Complaints about the service must be raised without undue delay, at the latest within two weeks after the respective service has been rendered, in text form.

(3) Otherwise, the statutory warranty provisions apply, unless otherwise regulated below.

Sec. 8 Liability

(1) We are liable without limitation for intent and gross negligence as well as pursuant to the Product Liability Act. For slight negligence, we are only liable for the breach of a material contractual obligation (cardinal obligation), the fulfillment of which is essential for the proper execution of the contract and on whose compliance the client may regularly rely.

(2) In the cases of paragraph 1, sentence 2, liability is limited to the foreseeable damage typical for the type of contract.

(3) Liability for damages resulting from injury to life, body or health remains unaffected by the above limitations of liability.

(4) To the extent permitted by law and provided that the cases referred to in paragraph 1, sentence 1, or paragraph 3 do not apply, liability for purely financial losses arising from consultancy services shall be limited to EUR 250,000 per claim. The aggregate liability for all claims arising within one insurance year shall be limited to EUR 500,000. The limitation should expressly refer to purely financial losses arising from consultancy services. The business and professional liability insurance provides a different coverage amount of EUR 3,000,000 per insured event for personal injury and property damage.

Sec. 9 Confidentiality and Data Protection

(1) Both parties undertake to keep confidential all confidential information obtained in the course of the cooperation and to use it only for the purposes of performing the contract.

(2) The processing of personal data is carried out in accordance with our Privacy Policy. Where required, the parties shall enter into a separate data processing agreement pursuant to Art. 28 GDPR.

Sec. 10 Intellectual Property

Unless expressly agreed otherwise, all work results, concepts and documents created in the course of providing the service remain our property until full payment has been made. Rights of use are only transferred to the client upon full payment of the agreed remuneration, unless otherwise regulated in individual cases.

Sec. 11 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the client is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is Leverkusen.

(3) Should individual provisions of these T&C be or become invalid, this shall not affect the validity of the remaining provisions.

Last updated: 18 July 2026