Terms and conditions
General Terms and Conditions
§ 1 General; operative provision
Even if not expressly mentioned in subsequent contracts, these General Terms and Conditions dated 15.05.2018 apply to the complete contract or rather all business transactions between Longa Dressler leadership consulting and the clients. They apply exclusively, even if the client makes reference to his/her own General Terms and Conditions at the time of concluding the contract, unless these have been expressly agreed in writing.
§ 2 Subject matter of the contract/Scope of services
Orders are made in writing. The subject matter of the order is strictly limited to the service as agreed in the contract.
Verbal orders are subject to prior agreement.
§ 3 Duration and termination of the contract
1) The contractual relationship begins and ends with the times/periods stated in the contract. Notice of termination must be made in writing. Verbal notice of termination is subject to prior agreement.
2) This shall in no way affect the rights of either party to termination with immediate effect for good cause. The following constitute good cause for Longa Dressler leadership consulting
a) the client is in default of payment and does not pay despite further reminders,
b) the lack of credibility that the client is in a position to pay due to bankruptcy proceedings or a negative credit report.
c) the client proves psychologically unstable during the coaching process.
d) the client advances a self-destructive technique that only becomes apparent during the coaching session.
§ 4 Remuneration
Within Germany the fees for the agreed services are quoted in Euros exclusive of the respectively applicable value added tax (currently 19%). Any travelling expenses and necessary outlays incurred are invoiced separately.
Within Germany cancellations can be made free of charge up to 14 days before the agreed dates. After that 20% of the total amount for the unit booked is charged and 100% is charged as of 7 days before the booked date.
Outside of Germany cancellations can be made free of charge up to 21 days before the agreed dates. However, flights and cancellation fees must be paid by the client in full.
20% of the total order value is due for payment in each and every case where a conformation of order has been given by the client. Should the client withdraw the order, this 20% is due for payment in order to cover the costs of conceptual design, planning losses and other preparation incurred by Longa Dressler leadership consulting.
§ 5 Invoicing
Longa Dressler leadership consulting invoices the client monthly for the services performed. Unless a different date is agreed in the contract or in the invoice, the fee is due for payment immediately on receipt of the invoice.
1) All rights of use and exploitation of work performed (concepts, assessments etc.) are reserved until such time as all fee claims have been paid in full.
2) Should Longa Dressler leadership consulting grant permission to copy the materials, the client must undertake to use these exclusively for the agreed internal purposes.
§ 6 Copyright
1) All materials and concepts not exclusively compiled for the client remain the intellectual property of Longa Dressler Strategic Coaching and the copying of such for internal purposes is subject to prior agreement.
2) Should Longa Dressler Strategic Coaching grant permission to copy the materials, the client must undertake to use these exclusively for the agreed internal purposes.
§ 7 Client obligations to co-operate
The client is bound to fulfil his/her obligations to co-operate in compliance with those obligations to be specified in detail in the contract and over and above these to perform all services and provide all information necessary for the performance of the contract.
§ 7a Professional secrecy
The obligation of absolute discretion on the part of the contractor Longa Dressler leadership consulting with regard to data and information of the client is a matter of course and misuse shall involve criminal consequences.
§ 8 Rights in the event of deficiencies
Within the scope of the following provisions, Longa Dressler leadership consulting guarantees that the performed consultation and coaching services are free from deficiencies.
1) Longa Dressler leadership consulting is entitled to and obliged to rectify deficiencies in the event that the consultations and coaching sessions show verifiable deficiencies during their execution.
1a) The client is obliged to allow Longa Dressler leadership consulting to rectify deficiencies – to a reasonable degree – by making a verifiable complaint in due time, i.e. within the period of performance of the service.
1b) The client is liable for all costs arising from unjustified notifications of deficiency.
2) The guarantee expires in the event that third parties have been assigned the same service provision without the knowledge of Longa Dressler leadership consulting.
3) Longa Dressler leadership consulting only works with such persons who are voluntarily in a position to take part in a coaching session, consulting process or a personal development session.
a) Longa Dressler leadership consulting takes no responsibility for the provision of the service in the case of persons who are not psychologically or physically in a position to co-operate independently.
b) In the event that the afore-mentioned problems arise during the performance of the service, Longa Dressler leadership consulting is entitled to re-define the scope of the service with the client.
§ 9 Liability
1) In as far as a liability is excluded or limited, this shall also apply to the personal liability of representatives and vicarious agents of Longa Dressler leadership consulting.
Unless willful and gross negligence is proven, claims for damages are excluded regardless of the type of breach of obligation, including claims in tort.
2) Longa Dressler leadership consulting is obliged to check, and within the scope of its possibilities to ensure, that the materials used have been compiled with due diligence and to make all efforts to ensure that, in particular, the questionnaires and assessment sheets are selected and designed in such a way that they reflect an exact picture of the test person or actual situation within a measure.
However, no guarantee or assurance is given, neither expressly nor implicitly, that the psychological profiles or corporate diagnoses are exact or comply with the requirements of the client.
3) Longa Dressler leadership consulting bears no liability – neither such arising from the contract, liability in tort or liability due to any other reason - to the client for lost orders, revenues or earnings, savings or expenses or for any direct or indirect losses or damage arising in connection with the materials used or the contractual obligations of Longa Dressler leadership consulting or the breach thereof.
4) Longa Dressler leadership consulting bears no liability – neither such arising from the contract, liability in tort or liability due to any other reason - to the client for any loss or damage arising in connection with claims, legal action or legal proceedings of a third part with regard to the exploitation of the materials or services used by Longa Dressler leadership consulting.
5) During a currently ongoing contract the total extent of Longa Dressler leadership consulting’s liability to the client arising from the contract, liability in tort or liability due to any other reason in compliance with the contract or in connection with this contract shall not exceed the fee paid for this order.
§ 10 Data storage
The client authorizes the storage and processing of any data Longa Dressler leadership consulting receives from him/her in connection with the business relationship.
This is pointed out in detail in the data protection declaration on this website and the written data statement in our office.
Additional explanation regarding data protection:
Personal data (residential address, telephone numbers, date of birth, marital status, etc.) is never saved.
Notes in paper form are destroyed after seminars or coaching sessions.
Photos are never taken, used or published without prior consultation and agreement.
Other documents from seminars or coaching are generally stored locally, names are generally anonymized. Documents are never handed out to customers and are destroyed if desired. Longa Dressler Leadership Consulting will individually explain the data protection details during coaching sessions.
Data and documents that are no longer required are deleted.
Passing on any kind of data to training partners only takes place with the prior agreement of the customers.
In the interests of customers of Longa Dressler Leadership Consulting, order-data processing contracts are in place with the following companies:
A webhosting company as well as a tax consultancy agent.
Moreover, Longa Dressler works on the Microsoft Office 365 platform and the billing software servdesk.
§ 11 Miscellaneous
The law of the Federal Republic of Germany with place of jurisdiction in Meschede is applicable for all claims arising from this contract.
§ 12 Severability clause
Should any of the afore-mentioned provisions be invalid, this shall in no way affect the validity of the remaining provisions of the contract. In such a case a valid provision that comes as close as possible to the intended commercial purpose of the invalid provision shall be agreed by the parties to replace the invalid provision. This shall also apply to the closing of any gaps.
These General Terms and Conditions remain the intellectual property of Longa Dressler leadership consulting and may not be copied. Legal action will be taken in the case of infringement.