1. Objective of the general terms & conditions
These GTC regulate the contract relationship between Consultinghouse in the following CH and the customer about the performance of services agreed on by contract. Divergent GTC of the customer don't step in and to be more precise also even not if CH particularly hasn't contradicted these GTC of the customer. There aren't verbal supplementary agreements. These GTC forms are components of the contract even if they aren't included in the contract document.
2. Accomplishment of the contract
The contract is settled by presenting an individual service offering on the part of CH and the express acceptance on the part of the customer. If CH has intended a period for the acceptance of the offer, then the acceptance can be carried out only within this period.
3. Terms of payment
Before the execution of the contractual duties taken over by the service contract, a 50% deposit of the contractual obligation agreed on has to be paid within 5 working days after the invoice has been received. This deposit is not refundable. The balance has to be transferred to the account indicated in the issued invoice after the complete execution of the order. Contracts which have a company formation as object of the contract the remaining fee demand has to be settled before the notary appointment.
All additional costs, in conjunction with the incorporation of a new company charged by the Authorities, i.e. notary fees, court fee, trade registration fee etc. have to be covered by the client. Upon publication of this clause on the website, there is no obligation of CH to point out these additional costs.
4. Performance, performance changes
The service contract agreed upon applies to the size of the contractual performances between CH and the customer. Supplementary agreements which change the size of the contractual performance or differ from it require the explicit written confirmation.
5. Contract Duration
A contract relationship which relates to the regular performance of services (duration contractual obligations) the contract is settled for an indefinite period of time. All other contracts which relate to the performance of a single service end with the complete execution.
6.1. Treaties on duration contractual obligations can mutually be terminated without detail of reasons with a period of three months to the end of a month.
6.2. The cancellation is carried out in writing. This applies to the two contract parties. The written cancellation cannot be replaced by electronic form.
6.3. The right for cancellation without notice for an important reason remains untouched. An important reason is particularly, if the customer is behind -- partial or in full amount of the payment of the monthly fee more than 15 days after admission of the invoice. The cancellation without notice has to be declared no later than 20 days after admission of the invoice, however, provided that respite particularly isn't granted to the debtor in writing. At all other contracts, if this one isn't done to 50% deposit within 5 working days after an express payment demand. - opening of the insolvency method about the fortune of the customer.
6.3.1. Provided that the contract relationship is terminated by CH for an important reason a claim to compensation estimated at a flat rate in the amount of 30% of the monthly fee agreed on, or the deposit is entitled to CH.
7. Setting off and retention
Against demands of CH the customer can offset only with demands which are undisputed or established finally. The customer can exercise the retention only because of counter-claims from the same contract relationship.
8. Obligation to co-operate
The customer must provide all necessary information and documents which are needed for the proper execution of the bookkeeping in good time, so CH has a reasonable processing time. CH will use the information provided by the customer, especially figures, as correct. CH will point out any mistakes observed and made by the customer.
An examination of the correctness, completeness and regularity of the documents and numbers will only take place, if this is agreed separately in a written agreement. CH agrees only to point out obvious mistakes and errors. The customer is obliged to take note of all written and verbal communications from CH and to consult in case of doubt.
Failure to deliver all requested accounting related documents (such as receipts, bank statements and invoices) in duly time (e.g. by the 5th of a respective month) may result in the obligation to pay any costs, such as late fees.
The liability of the parties as well as their fulfillment assistants for damages caused culpably is excluded as far as the damage isn't caused by firm intention or gross negligence.
Missing or incomplete accounting documents
CH does not take any liability for damages (such as penalty payments or cash fines raised by the tax authorities) incurred by the customer by omission of his obligation to cooperate. In particular, CH shall not be liable for any damage if the documents required for the proper execution of the accounting and / or annual accounts are not made available, not provided in full or not in good time.
Internal accounting departments or shared services center
In case, the client is taking care of the monthly accounting procedures themselves, e.g. through an internal accounting department or shared services center etc., the client takes on responsibility for the correctness and completeness of all bookings and accounting documents building the groundwork for the annual year-end work. CH shall be exempted from all claims arising out of the incompleteness or incorrectness of the bookings and accounting documents.
The regular limitation period applies to all claims being considered due to performance disturbances in accordance with § 195 BGB.
11. Cooperation duties
11.1. The customer is obliged to inform CH about changes of his billing address or registered office, email address, bank details, immediately.
11.2. If the customer doesn't comply with the information of his communication duty, and he has to represent this, the customer has to pay for the inquiry costs of the mentioned data as long as he doesn't prove that the inquiry costs have not or not arisen in the asserted height.
12. Applicable right and place of jurisdiction
12.1. German law applies to the service contracts.
12.2 Responsible court for all right disputes, involving service contracts, is Hanau.