CONDITIONS
General Terms and Conditions of Thomas Ahrens Consulting
Status: March 2021
§ 1 Scope of application
These General Terms and Conditions apply to all contracts between Thomas Ahrens Consulting and its clients. Conflicting or deviating terms and conditions of business, contract and/or purchase are not recognised unless their validity is agreed in writing.
Insofar as individual contractual agreements have also been made between the contracting parties, these take precedence over the provisions of these general terms and conditions. These general terms and conditions of business shall then only apply in addition, insofar as and to the extent that nothing or nothing to the contrary is stipulated in the individual contract.
§ 2 Services of Mammut
The contracting parties agree that Thomas Ahrens Consulting only owes the provision of services and not the production of a work or the achievement of a specific result. The contracting parties also agree that the exclusively service-contractual nature of Thomas Ahrens Consulting's obligation to perform does not change even if the latter undertakes to record the results of its services in writing and to prepare and hand over corresponding reports, studies and the like. Unless expressly agreed otherwise, such written reports, studies and the like do not in particular constitute expert opinions, but merely reflect the essential content of the course and result of the services. 2.
Thomas Ahrens Consulting is entitled to use the services of expert third parties as subcontractors for the execution of the order. The contracting parties also agree that Thomas Ahrens Consulting does not owe or provide any legal advice, tax advice or services belonging to the activities of auditors. Insofar as Thomas Ahrens Consulting provides for the performance of such activities by engaging corresponding professionals, it acts only as an intermediary without itself becoming a debtor/contractual partner for such activities. 3.
The contracting parties agree that Thomas Ahrens Consulting is not obliged to check the information, data or documents provided to it in writing or verbally for their factual or arithmetical correctness, completeness or regularity. However, if Thomas Ahrens Consulting recognises that the information, data or documents provided to it in writing or verbally are obviously incorrect, incomplete or not in order, it will point this out. 4.
The client is entitled to have any defects rectified. This claim must be asserted without delay. Thomas Ahrens Consulting must be given the opportunity to rectify the defect.
§ 3 Retention of documents
Thomas Ahrens Consulting is no longer obliged to retain the documents handed over to it by the client for the purpose of providing the services owed if three years have elapsed since the date of termination of the contractual relationship or six months have elapsed since a written request to the client to collect the documents.
§ 4 Duty to cooperate
The client is obliged to support Thomas Ahrens Consulting to the best of his ability, in particular to provide all the information and documents necessary for the execution of the order, and to create all the conditions necessary for the proper execution of the order in his business sphere.
The client is also obliged to name one or more persons to Thomas Ahrens Consulting who are authorised to make all the declarations necessary for the provision of the service owed in a binding manner for the client.
§ 5 Data protection, data transfer
The client agrees that the exchange of data and information in the cooperation with the client and with all parties involved in the project may also take place via unencrypted e-mails. If the Client wishes that data is not sent via unencrypted e-mails and e-mail attachments, it shall inform the Contractor of this in writing - either in individual cases or in general. In this case, e-mail attachments will be sent in encrypted form, which the Client can only open with a password. If encryption is desired, encryption and decryption methods that can be used with standard software (in particular MS Office, Apple Mail) without additional installations shall be used for sending data from the client to the contractor and vice versa. 2.
2 Thomas Ahrens Consulting is entitled to use personal data entrusted to it by the client and its employees for the following purposes