The following terms apply to all of go3consulting’s projects, workshops, and trainings, unless expressly agreed otherwise in the individual project contract between go3consulting and their respective client.
§ 1 Scope: The following general terms and conditions (“Terms”) of go3consulting (“go3″) shall apply to all of its consulting services, offers, and contracts with its clients, independent of the legal nature or content of the offered or contractually agreed upon consulting services. As far as contracts or offers from go3 contain written statements that depart from the present Terms, those statements take priority over the present Terms. The present Terms shall apply exclusively, independent of potentially existing clients’ Terms, even if go3 has not explicitly objected to their contractual inclusion. The present Terms shall not cover projects that are already in execution mode. Projects that are in execution are covered by separate, project specific Terms.
§ 2 Client obligations: All of go3’s offered services require the active participation of the client. Hence, all questions and inquiries that directly or indirectly relate to a given project require a complete, correct, and timely client response. Only information that could be of relevance and importance for a given project shall be inquired. go3 shall also be informed unasked in a timely manner with regards to circumstances that could be, directly or indirectly, of relevance and importance for a given project. Reports, analyses, presentations, training courses, on-premise interviews, client meetings, as well as general, project-related results from go3 shall be approved by the client within 10 working days. Required corrections, amendments, or changes shall be asked for immediately and in written form. If the client does not respondent within the stated notice period, the respective service delivery is considered to be approved by the client.
§ 3 Liability: go3 shall in no event have any obligation or liability to clients for any damage caused due to a consultative error that resulted from violation of the client’s obligations as stipulated in § 2. go3 is only liable for any damage caused in a consulting project in case of acting intentionally or grossly negligent. In all of the above cases, the burden of proof rests solely with the client. Any claim for indemnity again go3 expires after 2 years, beginning with the date of damage recognition or, at the latest, the fulfillment of the contractually agreed upon project deliverables. go3 cannot guarantee business success resultant from its project work.
§ 4 Non-disclosure: go3 and its client pledge themselves to treat all information and documents that are exchanged as part of a consulting project in strict confidence and no information or documents are forwarded to non-involved third parties. This pledge is time-wise unlimited. This non-disclosure agreement does not apply to information which was already known to the receiver prior to any signed non-disclosure agreement or that was already, or will be, in the public domain. It is the duty of go3 and its client to include all personnel required for the successful execution of a given project in this non-disclosure agreement and to inform them accordingly.
§ 5 Intellectual property: Clients of go3 shall not, and are not entitled to, file any patent application or other intellectual property right containing any claim the subject matter of which is based upon, or is derived from go3 materials, documents, methodologies, data, statistics, or confidential information as covered in § 4. Subject only to any pre-existing intellectual property rights of clients and the confidentiality obligations between the parties, go3 is exclusively entitled to make use of and commercialize project results and to file for patent application and/or other intellectual property rights. Clients will use its best efforts to support go3 in respecting and protecting existing patents and/or other intellectual property rights.
§ 6 Invoicing, terms of payment: go3 is entitled to invoice the client ex post, on a monthly base, as well as upfront based on project specific negotiations. All payments shall be made without deductions within 30 working days of the invoice date. In case of delayed due payments go3 is entitled to charge interest of 8% above applicable European Central Bank rates. Should a client delay payments go3 is entitled to immediately stop its project related work until full receipt of the due payments. For bookings of workshops or trainings the following shall apply: All cancellations or requests to reschedule must be in writing to firstname.lastname@example.org as well as the applicable go3 project manager. For bookings cancelled or requested to reschedule at least 22 days (by 5.00pm) prior to the workshop date as agreed in writing between go3 and the client, go3 will attempt to reschedule the workshop for free. For bookings cancelled between 21 and 8 days (by 5.00pm) prior to the agreed workshop or training date 50% of the agreed workshop fee remains payable and is non-refundable. For workshops requested to be rescheduled or cancelled 7 days or less before the agreed date go3 will charge the full fee as quoted in the relevant offer.
§ 7 Default, unenforceability: go3 is only in default with its contractually agreed upon deliverables if specific deadlines have been defined for those and responsibility for the delay is solely with go3. go3 cannot be held responsible for a delay in case of force majeure and other events that were, upon signing of the contract, unforeseeable and that, at least temporarily, hindered significantly or otherwise rendered service provision impossible. In case of such imposed delays go3 is entitled to postpone its service delivery accordingly, including any required lead time. In case of obstacles of a permanent nature for which Go3 cannot be held responsible, go3 is freed from its contractual obligations.
§ 8 Travel and accommodation: Project-related travel expenses will be charged at cost but for travel in passenger cars. Travel by car will be charged at € 0.60 per kilometre. As far as possible, project-related travel will be conducted either by car or by public transport. For national and international projects, as required, economy class tickets will be booked. For intercontinental projects business class tickets will be booked. Go3 will use 3 or 4 star „comfort“ class hotels striving to keep accommodation cost per night < 100 EUR. If no hotel satisfying these conditions can be found within 30 minutes of travel by car as displayed by Google Maps during business travel hours (7:00 AM – 9:00 AM and 5:00 PM – 7:00 PM), go3 shall be entitled to use the lowest cost accommodation in the next higher category within a 30 minutes travel radius as defined above.
§ 9 Place of fulfillment and jurisdiction: Place of fulfillment for all obligations of go3 shall be Rosenheim, Bavaria, Germany. Jurisdiction resides in Miesbach, Bavaria, Germany, for all litigations against go3, as well as legal claims go3 might hold against a client.
§10 Changes to the general terms and conditions (“Terms”): go3 is entitled to change and/ or amend its Terms. Subsequent any change, clients will be informed accordingly and in due course. Any change becomes effective unless clients do object within one week of their publication on go3consulting.com and a related distribution of a change note. Only current Terms of go3 shall apply to all of its services, offers, and contracts with its clients. Past Terms are ineffective.