Terms of Service

Terms of Service

1. General principles / scope

1.1 These General Terms and Conditions (GTC) apply to all business relationships of the company DisCheck-Vorsorge statt Nachsorge, owner Julia Bünger (hereinafter "Contractor"), Nordplatz 7, 04105 Leipzig, with all contractual partners (hereinafter "Client"), unless expressly stated otherwise was specified. The version valid at the time the contract is concluded is decisive. 

1.2 These general terms and conditions also apply to all future contractual relationships, even if they are not expressly referred to in additional contracts.

1.3 Conflicting general terms and conditions of the client are invalid unless they are expressly recognized in writing by the contractor.

1.4 In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective provision that comes closest in meaning and economic purpose.

2. Scope of the consulting contract 

2.1 The scope of a specific consulting assignment is contractually agreed on a case-by-case basis. Companies, organizations and natural persons who want to make their media content more discrimination-sensitive, diverse and intersectional and have it checked for the reproduction of discrimination are advised. Advice is also given in relation to corporate structures and their internal improvement. Furthermore, workshops, lectures and the accompaniment as awareness persons at events are offered.

2.2 The contractor is entitled to have the tasks incumbent on him performed in whole or in part by selected cooperation partners or by third parties after consultation with the client. The third party is paid exclusively by the contractor himself. There is no direct contractual relationship whatsoever between the third party and the client.

2.3 An obligation for the contractor to take action exists for consumers at the earliest upon acceptance of the order and after any right of withdrawal has expired or before its expiry with an express request from the contractor with the content: "I expressly request that the contractor already before the end of the 14- day cancellation period begins with the order processing and agree to a corresponding start of the order processing. The contractor has pointed out to me that my right of cancellation expires before the end of the 14-day cancellation period if the contractor has previously rendered his service in full."

3. Client's obligation to provide information / declaration of completeness

3.1 The client shall ensure that the organizational framework conditions allow the consulting process to be carried out as undisturbed as possible at his place of business, which is conducive to the rapid progress of the consulting process.

3.2 The client will also comprehensively inform the contractor about previous and/or ongoing consultations - also in other specialist areas, insofar as this is necessary for the consultation.

3.3 The Client shall ensure that the Contractor is provided with all the documents necessary for the fulfillment and execution of the consulting order in a timely manner, even without his specific request, and that he is informed of all processes and circumstances that are important for the execution of the consulting order. This also applies to all documents, processes and circumstances that only become known during the work of the contractor.

3.4 The customer shall ensure that his employees and the employee representatives (works council) provided for by law and set up if necessary are informed by the latter before the contractor begins work.

4. Security

4.1 The contracting parties undertake to be loyal to one another.

4.2 The contractual partners mutually undertake to take all precautions that are suitable to prevent the independence of the commissioned third parties and employees of the contractor being endangered. This applies in particular to offers by the customer for employment or the acceptance of further orders for their own account.

5. Reporting / Duty to Report

5.1 The contractor undertakes to report to the client on the progress of his work, that of his employees and, if applicable, also the commissioned third parties.

5.2 The client will receive the final report within a reasonable period of time, depending on the type of consulting assignment and as agreed after the conclusion of the examination.

5.3 The contractor is not bound by instructions, acts at his own discretion and on his own responsibility. He is not tied to a specific place of work or specific working hours.

6. Intellectual Property Protection

6.1 The copyrights to the documents created by the contractor and his employees and commissioned third parties (in particular offers, reports, analyses, expert opinions, organization charts, programs, service descriptions, drafts, calculations, drawings, data carriers, etc.) remain with the contractor. They may only be used by the customer during and after the end of the contractual relationship for purposes covered by the contract. In this respect, the client is not entitled to reproduce and/or distribute documents created without the express consent of the contractor. Under no circumstances shall the Contractor be liable to third parties as a result of unauthorized duplication/distribution, in particular for correctness.

6.2 If the customer violates these provisions, the contractor is entitled to terminate the contractual relationship immediately and prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.

7. Warranty

The contractor does not guarantee complete freedom from discrimination. Each assignment is conscientiously and intersectionally evaluated from the perspective of experts and those negatively affected.

8. Liability / Damages

8.1 Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the contractor, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. With regard to companies, the following applies in deviation from sentence 1 for vicarious agents that liability for other damages based on a grossly negligent breach of duty is excluded.

8.2 In the event of a breach of essential contractual obligations, the contractor shall only be liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the client has claims for damages resulting from injury to life, limb or health._cc781905-5cde -3194-bb3b-136bad5cf58d_

8.3 The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the contractor if claims are asserted directly against him.

9. Confidentiality / Data Protection

9.1 The contractor undertakes to maintain strict confidentiality about all business matters of which he is aware, in particular business and trade secrets as well as any information that he receives about the type, scope of operations and practical activities of the client.

9.2 Furthermore, the contractor undertakes to maintain secrecy towards third parties about the entire order and all information and circumstances that he received in connection with it, in particular also about the data of clients of the client.

9.3 The contractor is released from the duty of confidentiality towards any assistants and deputies he uses. However, he has to transfer the duty of confidentiality to them completely.

9.4 The contractor is entitled to process personal data entrusted to him within the scope of the purpose of the contractual relationship. The client warrants to the contractor that all necessary measures, in particular those within the meaning of the Data Protection Act, such as declarations of consent of the persons concerned, have been taken.

10. Fee

10.1 After completion of the order, the contractor will receive a fee according to the agreement between the client and the contractor. The contractor is entitled to submit interim accounts according to the progress of work and to demand advance payments corresponding to the respective progress. The fee is to be paid within two weeks at the latest after invoicing by the contractor. If the payment deadline is not met after the first payment reminder, a reminder fee of EUR 15 will be charged. The client is at liberty to prove that lower expenses were incurred.

10.2 The contractor will issue an invoice with all legally required features that entitles the customer to deduct input tax.

10.3 Any cash expenses, expenses, travel expenses, etc. incurred are to be additionally reimbursed by the client against the contractor's invoice.

10.4 If the agreed order is not carried out for reasons attributable to the customer (see also 12.2) or due to a justified premature termination of the contractual relationship by the contractor, the contractor retains the right to payment of the entire agreed fee less saved expenses. If an hourly fee is agreed, the fee is to be paid for the number of hours expected for the entire agreed work, less the expenses saved. The expenses saved are agreed at a flat rate of 30 percent of the fee for those services that the contractor has not yet provided by the day the contractual relationship ends.

10.5 In the event of non-payment of interim invoices, the contractor is released from his obligation to provide further services. However, this does not affect the assertion of further claims resulting from non-payment.

11. Electronic invoicing

11.1 The contractor is entitled to send invoices to the customer in electronic form. The client expressly agrees to the contractor sending invoices in electronic form.

12. Duration of Contract

12.1 This contract generally ends with the completion of the project.

12.2 Irrespective of this, the contract can be terminated by either party at any time for important reasons without observing a period of notice. An important reason is, in particular,

if a contractual partner violates essential contractual obligations 

or

if insolvency proceedings are opened against a contractual partner or the application for bankruptcy is rejected due to a lack of assets to cover costs.

or

if the cooperation with the client can be classified as discriminatory, disrespectful and unreasonable in relation to the contractor's activities. This also includes, among other things, deliberate discriminatory insults against the contractor, employees and third parties and defensive behavior in the face of criticism.

13. Final Provisions

13.1 The contract is subject to the law of the Federal Republic of Germany. 

13.2 German law applies exclusively to legal disputes arising from or in connection with this contract.

13.3 If the contractual partners are merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of jurisdiction, Leipzig. The same applies if the contractual partner does not have a general place of jurisdiction in Germany or if their domicile or habitual abode is not known at the time the action is filed.

13.4 If individual provisions of these General Terms and Conditions are not legally effective in whole or in part, or later lose their legal effectiveness, this shall not affect the validity of the remaining provisions. The statutory provisions shall take the place of the ineffective provision. The same applies if the provisions contain an unforeseen gap.

Status: March 2022