Terms and conditions
Note: This is an English translation for convenience. The German version on beraterium.de is legally authoritative.
of Beraterium GbR, Dr.-Maria-Grollmuß-Str. 14, 02625 Bautzen, Germany (hereinafter "Beraterium", "we" or "us")
These Terms and Conditions govern the business relationship between Beraterium and our clients (hereinafter "Client", "you" or "Principal"). They are supplemented by the respective service description, the individual quotation and — if concluded — the engagement contract. Legal notice and privacy policy can be found at beraterium.de/impressum and beraterium.de/datenschutz.
1. Scope and contracting party
(1) These Terms and Conditions apply to all consulting and training services provided by Beraterium to business customers within the meaning of Section 14 of the German Civil Code (BGB) (legal entities, partnerships, traders, self-employed professionals acting in a business capacity).
(2) The contracting party is Beraterium GbR, represented by the partners Till Manfred Blania and Peter Münstermann, Dr.-Maria-Grollmuß-Str. 14, 02625 Bautzen.
(3) Deviating, conflicting or supplementary general terms and conditions of the Client only become part of the contract if we have expressly agreed to their application in writing or in text form. This requirement for consent applies in every case, including where we provide services without reservation and are aware of the Client's terms and conditions.
(4) Individual agreements in the quotation, order confirmation or contract take precedence over these Terms and Conditions.
(5) Where the Client is a consumer within the meaning of Section 13 BGB, these Terms and Conditions apply only if the Client has expressly agreed. For consumers, statutory provisions apply, in particular regarding the right of withdrawal (see Section 15).
2. Subject matter and service description
(1) Beraterium provides consulting services in the areas of risk management, human resources, management, process optimisation, as well as workshops, training and presentations. The specific service is defined by the respective quotation, the service description on our website or an individual agreement.
(2) Our core services include in particular:
- structured risk analyses (e.g. for start-ups, SMEs, sole traders) using the Beraterium method with a three-level hazard catalogue,
- assessment and prioritisation of risks,
- development of recommendations for action and measures,
- HR analyses on culture, leadership and organisational development,
- workshops, training and presentations on the topics mentioned.
(3) Services are provided on the basis of an individual analysis of the Client's needs and objectives. Scope, duration, format (on-site, online or hybrid), dates and specific deliverables are defined in the quotation or engagement.
(4) Beraterium provides its services as a consulting service. We support analysis, structuring and decision-making; implementation of recommendations in operational decisions and actions is the responsibility of the Client, unless expressly agreed otherwise.
(5) A free initial consultation (approx. 30–45 minutes) serves mutual clarification and constitutes neither a binding offer nor an engagement.
3. Formation of contract
(1) Quotations from Beraterium are — unless expressly marked as binding — subject to change and non-binding.
(2) A contract is formed by:
- written or text-form order confirmation by Beraterium on the basis of a quotation, or
- written or text-form acceptance of a quotation by the Client, or
- commencement of the contractually owed provision of services with the knowledge and intent of both parties.
(3) Quotation, order confirmation and these Terms and Conditions are decisive for the scope and content of the contract in this order of precedence, unless individually agreed otherwise.
(4) Amendments and supplements to the contract require text form (e-mail suffices), unless written form has been agreed.
4. Client cooperation obligations
(1) The Client shall provide Beraterium with all information, documents, access and contact persons required for the provision of services in good time and truthfully.
(2) The Client shall nominate a responsible contact person with decision-making authority or ensure that decisions can be taken within reasonable timeframes.
(3) The Client shall ensure the participation of relevant employees in agreed appointments (sessions, workshops, interviews) and inform participants about purpose and procedure.
(4) Delays, additional effort or loss of quality attributable to incomplete, late or inaccurate cooperation by the Client may lead to rescheduling and — after prior notice — additional remuneration on a time-and-materials basis (at the applicable hourly rate).
(5) The Client remains responsible for the legal permissibility of providing data and information, in particular where personal data of third parties (e.g. employees) is processed.
5. Provision of services, dates and communication
(1) Beraterium shall provide the agreed services with the care of a prudent consultant. Dates and deadlines are non-binding planning indications unless expressly agreed as binding (fixed date).
(2) Beraterium is entitled to use qualified staff or subcontractors to provide services but remains responsible for proper performance.
(3) Communication generally takes place in text form (e-mail, video conference). The Client shall provide a reachable contact e-mail address.
(4) Unless agreed otherwise, services are provided during normal business hours (Monday to Friday, 9:00–18:00 CET/CEST).
6. Remuneration and payment terms
(1) Remuneration is based on the respective quotation or individual agreement. All prices are — unless stated otherwise — exclusive of statutory VAT.
(2) Invoices are — unless agreed otherwise — due within 14 days of the invoice date without deduction.
(3) In the event of late payment, statutory default interest pursuant to Section 288 BGB applies. Beraterium is entitled to withhold ongoing services until outstanding amounts are settled.
(4) The Client may only set off against undisputed or legally established claims.
(5) Travel and accommodation costs and other expenses are only reimbursed if shown in the quotation or approved in advance in writing or in text form.
(6) The Client's right of retention exists only for claims arising from the same contractual relationship.
7. Guarantees (relevance and benefit guarantee)
Where a "double guarantee" or comparable wording is expressly agreed in the quotation, the following conditions additionally apply:
7.1 Relevance guarantee
(1) Beraterium guarantees to identify at least one relevant risk within the scope of the agreed risk analysis.
(2) A risk is "relevant" if its agreed damage amount reaches or exceeds the threshold jointly defined in the kick-off (e.g. damage potential of more than EUR 10,000).
(3) If the agreed analysis does not identify a single risk meeting this threshold, we refund the Client the full agreed project price.
7.2 Benefit guarantee
(1) Before project start, Beraterium and the Client define 3 to 5 measurable benefit criteria in writing or in text form at the kick-off (e.g. number of relevant risks, new insights, prioritised top-3 list, concrete next steps, team involvement).
(2) If none of these pre-agreed benefit criteria is met at the end of the project, we refund the Client the full agreed project price.
7.3 Exclusions and procedure
(1) The guarantees require that the Client has fulfilled its cooperation obligations (timely provision of information, participation in agreed appointments, involvement of relevant contact persons).
(2) The guarantees do not apply if the project outcome cannot be achieved or can only be partially achieved due to framework conditions subsequently changed by the Client, incomplete data or refused cooperation.
(3) Guarantee claims must be asserted in text form within 14 days of handover of the agreed final deliverable and substantiated in a traceable manner.
(4) Where a guarantee claim is justified, the refund is made within 14 days to the account specified by the Client. Further claims, in particular damages beyond the refunded amount, are excluded to the extent permitted by law.
(5) The guarantees relate exclusively to the core services named in the quotation (e.g. risk analysis packages). For workshops, individual consulting, presentations and other services they apply only if expressly agreed.
8. Rescheduling, cancellation and withdrawal
(1) Agreed appointments may be rescheduled by either party after prior notice in text form. Individual appointments should be rescheduled at least 5 working days in advance.
(2) If the Client cancels a project or individual bindingly booked services, the following cancellation fees of the agreed total price apply — unless regulated differently in the quotation:
| Time of cancellation | Cancellation fee |
|---|---|
| up to 14 days before project start | 0 % |
| 13 to 7 days before project start | 30 % |
| 6 to 2 days before project start | 50 % |
| from 1 day before project start or after commencement | 100 % |
(3) The Client reserves the right to prove that a lesser loss was incurred.
(4) Beraterium may withdraw from the contract for good cause, in particular in the event of material breach of cooperation obligations or late payment. Services already provided are to be remunerated.
9. Confidentiality
(1) Both parties undertake to treat confidentially all confidential information of the other party that becomes known in the course of cooperation and not to disclose it to third parties.
(2) Confidential information is information marked as confidential or whose confidentiality arises from the circumstances, in particular internal company data, strategies, financial information, personnel matters and consulting results.
(3) The confidentiality obligation does not apply to information that
- was generally known at the time of disclosure or becomes generally known without breach of contract,
- was already lawfully known to the receiving party,
- must be disclosed due to statutory obligations or official orders.
(4) The confidentiality obligation continues for 3 years beyond termination of the contract, unless a longer period is expressly agreed.
10. Intellectual property and usage rights
(1) All materials, methods, tools, templates and frameworks existing before conclusion of the contract (including the three-level hazard catalogue and the Beraterium methodology) as well as all concepts, structures and templates developed during the provision of services remain the property of Beraterium.
(2) The Client receives a simple, non-transferable, non-sublicensable right of use in the project-specific deliverables (e.g. risk report, measures list) for internal use within its company.
(3) Disclosure to third parties, publication or commercial use of Beraterium materials requires prior written consent.
(4) Beraterium is entitled to use anonymised and aggregated insights from projects to further develop its own methodology, provided no conclusions about the Client are possible.
11. Advisory function and liability
11.1 Advisory function
(1) Beraterium provides recommendations and analyses on the basis of information provided by the Client and the agreed methodology.
(2) Decisions on implementation, organisation, personnel measures and operational measures are taken solely by the Client. We recommend that material recommendations — in particular on legal, tax or employment law matters — be reviewed by appropriate specialist advisers.
11.2 Limitation of liability
(1) Beraterium is liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health.
(2) In the case of slight negligence, Beraterium is liable only for breach of essential contractual obligations (cardinal obligations), i.e. obligations whose fulfilment enables proper performance of the contract in the first place and on whose compliance the Client may rely. In this case liability is limited to foreseeable, typical contractual damage.
(3) Liability for indirect damage, consequential damage, loss of profit and damage arising from postponed or omitted business decisions of the Client is — to the extent permitted by law — excluded.
(4) Beraterium's total liability arising from a contractual relationship is — to the extent permitted by law — limited to the amount of remuneration paid by the Client for the service in question, but at most EUR 15,000.
(5) Mandatory statutory liability claims (e.g. under the German Product Liability Act) remain unaffected.
11.3 Profile analyses and similar instruments
(1) In the course of our services, analysis instruments may be used that provide insights into characteristics or behavioural patterns of employees or other involved persons (e.g. profiling, personality or team analyses).
(2) Such analyses do not replace psychological, medical or employment law assessments. They are based on data provided and self-assessments; deviations from actual behaviour are possible.
(3) The Client is responsible for the lawful involvement of affected persons, the required information pursuant to Art. 13/14 GDPR and — where required — obtaining consent or conducting a balancing of interests.
(4) Beraterium is not liable for damage arising from incorrect application, misinterpretation or impermissible use of analysis results by the Client, to the extent permitted by law.
12. Data protection
(1) Beraterium processes personal data in the course of contract performance in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(2) Details on data processing, legal bases, storage periods and data subject rights are set out in our privacy policy.
(3) Where the Client processes personal data of its employees or third parties in the course of consulting and makes it available to Beraterium, the Client generally remains the controller within the meaning of the GDPR. Beraterium processes this data as processor only on the Client's instructions. Where required, the parties conclude a separate data processing agreement (DPA).
13. Force majeure
(1) Neither party is liable for non-performance or delayed performance of obligations to the extent this is due to events outside reasonable control (force majeure), in particular natural disasters, war, terrorism, pandemics, official orders, failure of critical infrastructure or serious disruption of telecommunications.
(2) The affected party shall inform the other party without delay and endeavour to find appropriate alternative solutions.
14. Defects and warranty
(1) Statutory warranty provisions apply to consulting services where the Client is a business customer, subject to the condition that obvious defects must be notified in text form within 14 days of provision of services.
(2) In the event of justified defects, Beraterium is initially entitled to remedy the defect. If remedy fails after a reasonable period, the Client may demand a reduction or withdraw from the contract to the extent provided by law.
(3) The guarantees pursuant to Section 7 remain unaffected.
15. Right of withdrawal for consumers
(1) Where the Client is a consumer, a right of withdrawal generally applies to distance contracts in accordance with statutory provisions.
(2) Note on services: If the service is commenced at the express request of the consumer before expiry of the withdrawal period, the right of withdrawal expires upon complete performance of the contract. The consumer is informed accordingly before commencement of the service and confirms commencement before expiry of the period.
(3) Business customers have no statutory right of withdrawal.
16. Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
17. 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) Where the Client is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Bautzen. Beraterium is also entitled to bring proceedings at the Client's place of business.
(3) Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision (severability clause).
(4) Amendments to these Terms and Conditions will be communicated to the Client in text form. For existing contracts, amendments apply only with the Client's consent. For new contracts, the version published on our website applies unless the Client objects.
(5) By engaging our services or accepting a quotation, the Client acknowledges these Terms and Conditions.
18. Contact
For questions about these Terms and Conditions, please contact:
Beraterium GbR
Dr.-Maria-Grollmuß-Str. 14
02625 Bautzen, Germany
Telephone: +49 15679 108461
E-mail: info@beraterium.de