§1 Scope, provider and client
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between Rightsourcing GmbH, Kochgasse 8, 73630 Remshalden (hereinafter referred to as "provider") and the client (hereinafter referred to as "client") for transactions within the scope of the Rightsourcing - Online Management Consulting Platform (hereinafter referred to as "Rightsourcing Online Shop"), in the version valid at the time of conclusion of the contract.
(2) Deviating GTC of the customer are rejected.
(3) On the Rightsourcing - Online Management Consulting Platform we offer the following services to the client:
Advice on process optimisation, sales and business promotion of companies via digital media
(4) The Customer can reach the Provider's customer support for questions, complaints and objections on weekdays from 9:00 AM to 6:00 PM at the telephone number 07151-6042480 and by e-mail at: email@example.com .
§2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) Customers within the meaning of these GTC are entrepreneurs according to § 14 BGB. Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
(3) Deviating terms and conditions of the customer shall not be recognised unless the supplier expressly agrees to their validity.
(4) Access to the Rightsourcing Online Shop requires registration. The registration can take place in the form of the creation of a customer account or in the form of a registration as a guest.
(5) With the registration the client accepts these GTC. With the registration a contractual relationship between Rightsourcing GmbH and the client arises, which is governed by the regulations of these GTC.
(6) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the provider is merely invited to make an offer.
(7) By ordering a chargeable service, the registered client enters into a further contractual relationship with Rightsourcing GmbH which is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship arises when the client confirms the order and payment obligation by clicking the button "Order now" and the provider sends the client an order confirmation by email.
(8) The customer agrees to electronic invoicing. Electronic invoices shall be made available to the customer by e-mail or in the customer account on the website.
§3 Description of the scope of services
The scope of services of the Rightsourcing - Online Management Consulting Platform consists of the following services:
The provider owes only pure advisory services. A result beyond this is not owed.
§4 Prices and fees
(1) To use the Rightsourcing Online Shop, registration (§ 2) is first necessary.
(2) If the customer wishes to make use of a chargeable service, he will be informed in advance of the chargeability. In particular, he/she will be informed of the respective scope of services, the charges to be made and the method of payment.
(3) The prices quoted may be a one-off charge or charges payable over a specified period of time.
(4) The prices stated are net prices plus the applicable value added tax.
(5) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.
§5 Payment methods
(1) The payment methods offered in the shop are payment by invoice. The due date arises through the issuing of an invoice by the provider.
§6 Terms of payment
(1) Accruing fees are to be paid to Rightsourcing GmbH at the time of the due date without deduction.
(2) If the customer defaults on payment, the provider reserves the right to claim damages for default.
(3) Settlement may be effected via the following means of payment:
§7 Limitation of liability (services)
(1) Rightsourcing GmbH does not assume any responsibility for the content and the correctness of the information in the registration and profile data of the client as well as further contents generated by the clients.
(2) In the absence of any other contractual liability agreement, the liability for the contract as a whole shall generally be limited to the net order value for all statutory and contractual claims for damages and reimbursement of expenses of the customer in the event of slightly negligent breaches of duty.
(3) In the event that a customer asserts claims of any kind whatsoever against the contractor arising from this contractual relationship, the customer hereby assumes liability for these claims as a whole and expressly releases the contractor, its employees and its vicarious agents from this performance.
(4) The limitations of liability do not apply to claims based on intent and gross negligence, injury to life, body or health.
(5) Claims for loss of profit are expressly excluded.
§8 Set-off and right of retention
(1) The customer shall only be entitled to set-off if the customer's counterclaim has been legally established or has not been disputed by the supplier.
(2) The customer may only exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
§9 Cancellation policy
(1) The customer has the right to cancel his order within seven days without giving reasons, but only if the provider has not yet started with the delivery of the service and/or the project.
(2) In order to exercise the right of withdrawal, the customer must send the order number, name/company, address of the recipient of the withdrawal, telephone number, email address to the supplier by email to firstname.lastname@example.org.
(3) The Provider shall then send the Customer a confirmation of the cancellation by e-mail.
§11 Data protection information
§12 Data protection in the context of the provision of services
(1) The provision of the scope of services described in §3 is carried out by employees or vicarious agents of Rightsourcing GmbH (hereinafter referred to as the contractor). The client is the contracting authority for this.
(2) The Contractor and its employees or vicarious agents shall be obliged to maintain secrecy about all facts of which they become aware in connection with their work for the Client, irrespective of whether this concerns the Client itself or its business relations, unless the Client releases them from this obligation to maintain secrecy.
(3) The Client and its employees or vicarious agents undertake to maintain confidentiality about all facts which become known to them in connection with the Contractor's consulting activities, in particular its know-how, business concept, business methods, project scope, training methods and contract content, unless the Contractor releases them from this confidentiality obligation.
(4) The Contractor and its employees or vicarious agents may only hand over reports, expert opinions, documents and other written statements about the results of their work to third parties with the consent of the Client.
(5) Materials and presentations of the Contractor which are created or presented by the Contractor during the performance of the contract are the intellectual property of the Contractor or its employees and are protected by copyright. Their reproduction by the Client requires the express consent of the Contractor.
(6) The contractor is authorised to process personal data entrusted to it within the scope of the client's purpose itself or through its employees or to have such data processed by third parties. In the event that the data is processed by third parties, the contractor shall oblige them to maintain special confidentiality and shall ensure the confidentiality of the third parties by means of suitable measures, for example by agreeing on contractual penalties in favour of the client.
§13 Place of Jurisdiction and Applicable Law
(1) Any differences of opinion and disputes on the occasion of this contract shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
§14 Final Provisions
(1) The contractual language is German.
(2) The Provider does not offer products or services for purchase to private individuals or to minors. The products and services can only be purchased by customers defined in §2.
(3) If customers violate these GTC, the provider is entitled to terminate an existing contract without giving reasons.
(4) If customers violate these GTC and the supplier does not take any action against this, the supplier is still entitled to make use of its rights on any other occasion in which the customer violates these terms of sale.
(5) The Provider reserves the right to make changes to its website, rules and regulations, terms and conditions including these GTC at any time. When an order is placed, the terms and conditions in force at the time the order is placed will apply unless a change to these terms and conditions is required by law or government order (in which case they will also apply to orders previously placed by the customer). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(6) The invalidity of a provision shall not affect the validity of the other provisions from the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.
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