General Terms and Conditions
Within the framework of these general terms and conditions, the contract between the customer and
Modern Consulting Services
Represented by Denise Braun
Address: Luxemburgerstraße 19, 54294 Trier, Germany
Email address: firstname.lastname@example.org
Tax number: 4202035187
, henceforth referred to as provider, comes into force.
The provider renders the offered service without exception and solely on the basis of these general terms and conditions. These general terms and conditions can only be altered through express written consent from the provider.
§ 1 General
(1) These general terms and conditions are valid in Germany and everywhere outside of Germany, if not otherwise expressly stipulated in writing by the provider.
(2) By sending an offer request, the customer agrees to these general terms and conditions. By accepting the offer, the customer agrees to these general terms and conditions.
(3) The provider offers the provided service without exception through the internet sites: www.modern-consulting-services.com and en.modern-consulting-services.com. Descriptions of the service on external websites are not a part of this service. The provider accepts no liability for content published on external websites.
(4) Increased employee satisfaction and profits for the customer’s organization cannot be guaranteed by the provider’s service. The customer is solely responsible for the implementation of the provider’s recommended measures and strategies. The provider accepts no liability for consulting errors.
(5)Errorless and high quality translations, transcriptions or proofreadings cannot be guaranteed through our service. The customer is solely responsible for all forms of use of our translations, transcriptions or edited texts. The provider does not accept any liability for this.
§ 2 Contract Subject Matter
(1) This contract regulates the sale of services regarding employee satisfaction, translation, proofreading and transcription through the provider’s internet website. The offer page is to be referenced for the details of the offer.
(2) The provider advises the customer regarding improvement of the satisfaction of the customer’s employees and on the basis of the results of the employee satisfaction surveys filled out by the customer’s employees. The results report stemming from these surveys will be sent to the customer as a PDF once the report is complete.
(3) The customer may then use this report to improve the satisfaction of the employees working for the customer’s company.
(4) The employee satisfaction survey for the customer’s company was personally created by the provider with the help of the online software company polldaddy.com. The survey is anonymous and no personal information will be stored. The data input into the employee satisfaction surveys will be treated as anonymous and exclusively used for the analysis.
(5) It is expressly forbidden for the customer to use the presented employee satisfaction survey for his own purposes. The survey may exclusively be sent to the employees of the customer’s company. This may only be filled out in connection with the provider’s service and then sent back to the provider. Any and all copies and continued use on the part of the customer or the customer’s employees is strictly prohibited.
(6) Regarding the language services, the provider translates, transcribes or edits the corresponding files received. These will be returned to the customer via email as .docx and .pdf documents upon completion.
(7) The customer may use these edited documents at his own discretion. The provider does not accept any liability for how the documents are used. The provider does not accept any liability for the content contained in the texts sent by the customer.
(8) The provider edits the language documents personally and with the help of translation software (CAT tools) and other translation tools that are available online.
(9) The acceptance of the provider’s service is fee based. The applicable fees will be clearly expressed to the customer in the provider’s offer. There is no value added tax charged, as the regulation for small businesses as per §19 (1) UStG applies.
(10) The offer, the invoice and the report will be exclusively sent by email. The customer has no right to other forms of receipt including but not limited to postal dispatch.
(11) The customer is responsible for the ability to receive and open the sent documents, for example, by using a suitable program.
(12) Internet access is necessary for the application of the provider’s service. Such access is not provided by the provider. Functioning internet access is solely the responsibility of the customer. Although the provider’s internet website is always available, outages or wait time can occur that could limit the availability.
(13) The provider’s operation can cease at any time and without reason.
§ 3 Formation of Contract
(1) The contract comes into force through an electronic business transaction via the contact form or, alternatively, via email. The presented offers represent a non-binding solicitation for submission of an offer through the customer’s order, which the provider can accept.
(2) Orders are submitted via the contact form. The order process up to the formation of contract contains the following steps:
Request for non-binding offer sent via contact form
Non-binding offer sent via email
Receipt of offer via email
Confirmation email, stating that offer is accepted as binding
(3) The contract comes into force with the sending of an order confirmation. An automatically created and sent confirmation does not represent a legally binding declaration. The contract also comes into force through performance of the service.
(4) The completion of the employee satisfaction surveys by the customer’s employees is solely the responsibility of the customer. The provider cannot ensure or guarantee that the survey will be filled out by all of the customer’s employees. In such cases, the customer has no right to reimbursement for incomplete surveys.
(5) Only the report is subject to the contract; implementation is solely the responsibility of the customer. Regarding language services, only the corresponding translation, transcription or edited document is included in the contract; the further use is solely the responsibility of the customer.
(6) The customer has the opportunity to accept a free, one-time telephone conversation following receipt of the report. In this conversation, only the present results of the report will be discussed; anything beyond which will not be discussed.
§ 4 Contract Length
(1) Barring the provider’s termination of the contract, the contract will run until 1 service is provided. The total price for the employee engagement service is calculated based on the following components: €50 per employee is calculated. Example: 50 employees x €50 = €2,500. The following components are calculated for the language services: €0.15-€0.25/word (translations), €0.05-€0.10/wort (proofreading), €2-€5/started audio minute (transcriptions).
§ 5 Prices
(1) All prices are final prices and contain no value added tax, consistent with § 19 Abs. 1 UStG.
§ 6 Payment Conditions
(1) The customer exclusively has the following options for making payments: Payment in advance through a bank transfer. Additional payment methods are not offered and will be rejected.
(2) The invoiced amount is to be transferred in advance of service to the account listed on the invoice that was sent by email and which contains all necessary details for the transaction. The use of a trustee service/payment servicer makes it possible for the provider and customer to settle the payment amongst each other. In doing so, the trustee service/payment servicer forwards the payment from the customer to the provider. Additional information can be obtained on the internet website of the trustee service/payment servicer in question. The customer is obligated to pay or transfer the stated amount on the invoice to the provided account within 14 days after receipt of the invoice. The payment is due without delay starting from the invoice date. Upon expiration of the payment deadline, the customer goes into default without notice. The customer has no right of retention not based on the same contract agreement. The customer has no right to compensation through demands unless this is undisputed or otherwise legally determined.
§ 7 Delivery Conditions
(1) The service begins immediately upon acceptance of the offer. Delivery of the end report occurs on average no later than 30 days following completion of the survey period. The provider is obligated to deliver by the 60th day following acceptance of the offer. The typical delivery time is 21 days, unless otherwise stated. The delivery of the documents to be edited through the language services is done in accordance with the editing deadline provided by the customer in advance. The customer will be promptly notified of delays. If the provider is experiencing a long-term delivery hindrance, force majeure in particular, although a contract has been formed, the provider cannot be held liable and has the right to withdraw from the contract with the customer. The customer will be immediately notified and refunded related provisions, payments in particular.
(2) Delivery of the end report can only be fulfilled if the invoice has previously been paid. Delivery of the language documents to be edited through the language services can be done prior to balancing the invoice. The corresponding invoice must be paid within no later than 14 days of the delivery date.
(3) Any breach of the customer’s obligation to cooperate can lead to termination of the contract by the provider, in which case delivery of the end report is precluded.
§ 8 Obligation to Cooperate
(1) Upon receipt of the offer, the customer must either personally handle the distribution of the employee satisfaction surveys to the employees (e.g. by using his email service) or the customer can decide to leave this assignment to the provider. For the latter, it is imperative that the customer sends the provider the email addresses of his employees so that the employee satisfaction surveys can be properly distributed. Failure on the part of the customer to send the email addresses to the provider or failure to personally distribute the surveys prevents the performance of the provider’s service.
(2) The customer is responsible for ensuring that all of his employees fill out the employee satisfaction survey and submit it. Failures to fill out the survey will lead to non-representative data and results for which the provider accepts no liability.
(3) The customer is responsible for implementing the results, measures and strategies received in the provider’s end report. The provider is not responsible for the implementation.
(4) The customer is responsible for the accuracy of his submissions and data.
(5) The customer is responsible for the documents sent to the provider for the language service.
§ 9 Discounts
(1) Discounts can only be applied once and are not combinable.
§ 10 Contract Design
(1) If the customer is a business, the risk of potential deterioration of the product is transferred to the customer once the product is delivered. The content of the contract is stored by the provider. The customer has no ability to directly access the stored content of the contract. The customer can correct input mistakes made during the order process using the following methods: Email.
§ 11 Right of Revocation and Customer Service
(1) For the customers who are business owners, the regulations for distance contracts are not applicable. Therefore, these customers have no such right of revocation on the grounds of a distance contract. The provider also does not grant such a right.
(2) You have the right to revoke this contract within fourteen days without providing a reason. The revocation deadline is fourteen days from completion of the contract. In order to invoke your right to revocation, you must inform us (Denise Braun, Luxemburgerstraße 19, 54294 Trier, email@example.com) via an explicit declaration (e.g., a letter sent by mail, fax or email) of your decision. For this purpose, you can use the included revocation form template, although this is not required.
To adhere to the revocation deadline, it is sufficient to send notification of your revocation prior to expiration of the revocation deadline.
Impacts of Revocation
If you revoke this contract, we have fourteen days from the date of revocation to refund you for all payments that we have received from you, including shipping costs (excluding additional costs resulting from your choice of shipping option that is other than the cheapest standard shipping option we offer). For this refund, we use the same form of payment that you used for the original transaction unless we have clearly arranged an alternative with you. We will never charge you fees associated with this refund.
If you have requested that the services be commenced during the period of cancellation, you must pay us an amount equal to the proportion of services already provided to you at the time you inform us of your choice to exercise the right of revocation in respect of this contract in comparison with the total volume of services provided in the contract.
Revocation Form Template
(If you want to revoke the contract, please fill out this form and return it to us.)
- To Denise Braun, Luxemburgerstraße 19, 54294 Trier, firstname.lastname@example.org:
- I/we revoke the contract completed by me/us for the purchase of the following
- the performance of the following services
- Received on
- Name of user/s
- Address of user/s
- Signature of user/s (only for written notice)
§ 12 Exclusion of Liability
(1) Indemnity claims from the customer are precluded insofar as nothing else results from the following reasons. This also applies to the provider‘s representatives and vicarious agents in the event that the customer raises a claim on these grounds. Indemnity claims from the customer that are not precluded are injury to life, body, health or significant contractual obligations which are necessary to fulfill the goal of the contract. Likewise, this does not apply for indemnity claims due to gross negligence or deliberate breach of duty by the provider or his legal representative or vicarious agents.
§ 13 Prohibition of Assignment and Delegation
(1) The customer’s rights against the provider may not be assigned or delegated without the provider’s consent unless the customer has provided a justifiable interest in the assignment or delegation.
§ 14 Language, Jurisdiction and Applicable Law
(1) The contract will be drafted in English. The subsequent implementation of the contractual relationship will be in English. The law of the Republic of Germany is exclusively applicable. For users, this only applies insofar as no legal provisions of the state in which the customer has his legal residence or where the customer lives are restricted. For disputes with customers who are not users, legal persons of public law or public entities, the jurisdiction in which the provider is registered applies.
§ 15 Severability Clause
(1) The invalidity of a provision in these general terms and conditions has no affect on the validity of the other provisions.
Mandatory information according to the Regulation (EU) No 524/2013 of the European Parliament and of the Council:
Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/ – further information is available if you follow the link. Should you have any initial questions concerning a potential dispute resolution, please email us at email@example.com.