Terms & Conditions | Komsulting

General terms and conditions of business

Komsulting UG (limited liability)

Triftstraße 3A in 13437 Berlin

c/o Tim Teschner

scope

The provisions of the General Terms and Conditions apply to all consulting services offered by Komsulting UG (limited liability) (hereinafter referred to as Komsulting) and to all contracts between Komsulting and its customers, regardless of the content and legal nature of the consulting services offered or contractually accepted by Komsulting (limited liability), as well as to competitions and the Acquisition of digital and haptic goods.

If consulting contracts or offers from Komsulting contain provisions that deviate from the following general terms and conditions, the individually offered or agreed contractual rules take precedence over these general terms and conditions.

Disclaimer

The articles, data and forecasts published by Komsulting have been researched with the greatest care. However, neither Komsulting nor its suppliers or providers can assume any liability for the accuracy. News, articles and contributions are partly based on reports from third parties and in this case are marked accordingly. Company profiles are created based on the data provided by the companies. Market analyses, forecasts, etc. are partly transmitted by the respective partner companies and institutes. Komsulting is only liable for damage caused by Komsulting or one of its vicarious agents intentionally or through gross negligence or through the violation of cardinal obligations. This limitation of liability above does not apply to damage caused by injury to life, body and/or health.

Retainer contracts and discounts

All prices quoted are exclusive of the applicable sales tax.

The minimum contract term is either 6, 9 or 12 months. Termination before the end of the minimum contract term is excluded. Contracts are not automatically extended, but can be terminated for important reasons in accordance with the relevant provisions of the Civil Code (BGB, §§ 626 ff.).

An upgrade to higher retainer contracts (for either more hourly quotas or a longer term) is possible provided the quotas are available. What is relevant here are not the prices at the time the first contract was concluded, but rather the prices applicable at the time of the upgrade.

Discounts are granted to non-profit organisations of any size, self-employed persons who have been active for a maximum of one year and start-ups with up to 20 employees, provided they pursue a non-profit, social or sustainable corporate purpose. Komsulting is responsible for the final categorisation with regard to discount eligibility and will be communicated before the contract is concluded.

Retainer contracts are limited due to variable hourly quotas and cannot always be offered. They may not be available at short notice. The decisive factor is the written confirmation of acceptance of the offer (e.g. by simple email, letter, fax) or a signed consulting contract.

Payment is made monthly by direct debit for the following month. Unused hours can be used up in the following month and then expire. A current overview of the hours used can be viewed monthly in the customer portal. In the case of other payment modalities agreed in advance, it is agreed that in the event of late payment, a flat-rate default fee of 10% of the invoice amount plus the default payments possible under the provisions of the German Civil Code (BGB) shall be due.

Larger projects can be paid for proportionately over the hourly quota.

Deadlines for smaller deliverables (such as individual images, social media posts, short reviews and improvements of a visual nature or texts of up to 900 words) are by default 5 working days in the future, calculated from receipt of the complete briefing. Projects are prioritised in consultation with clients, taking into account their specific circumstances. We endeavour to process every request from retainer clients as quickly as possible so that we can regularly deliver within the 5 days.

For workshops, we charge a travel fee of €110 plus sales tax per day for on-site visits.

We inform retainer partners in advance about holidays and other events that affect the planning of projects. Contractual partners have no say in internal planning, but Komsulting undertakes to take the needs of the projects into consideration.

Komulting keeps a record of the hours spent using a digital tool. The retainer partner has the right to view the hours used at any time.

Cost savings when booking software through us

We are partners of various tools and software that simplify marketing processes. If clients book this software through us, we grant the currently highest possible discount based on the cooperation agreement between us and the software provider. Whether and to what extent the discount can be granted must be decided on a case-by-case basis. In any case, a consulting contract between Komsulting and the client is a prerequisite for receiving the discounts. Komsulting is not liable for any missing discounts if the loss occurs due to incorrect information provided by the mandate or a change in the conditions on the part of the provider. A payment of the discount or offsetting against the consultant's fee is excluded.

Sustainable marketing

Komsulting offers a Co² calculator that allows visitors to determine their own emissions caused by marketing activities. Despite great care in selecting the calculation bases and taking scientific guidelines into account, we cannot guarantee that the result is the actual, accurate emission quantity, especially because of the large range within the variables used to calculate the result. The implementation serves as a guide and should be scientifically validated on a case-by-case basis if the results are high enough.

Carbon Offsetting

Together with our partners, we offer the opportunity to compensate for the Co² emissions determined based on the Co² calculator. These same partners are responsible for the accuracy and effectiveness of the compensation. Komsulting serves here as a process manager, but not as a supplier.

Offers for people receiving ALG 1 or 2

Komsulting supports people who are starting a business from unemployment. We offer significantly discounted marketing packages, which can be accessed digitally via the corresponding landing page (komsulting.de/lp/gruendung-mit-jobcenter).

These packages include the components listed on the information page and specified in the offer.

These offers are aimed exclusively at people in receipt of ALG 1 or 2. At the request of Komulting, proof of receipt must be provided in the form of authorisation notices.

In the case of digital services, a linked reference to Komsulting as the creator of the website or similar must be placed in the footer and may not be removed.

Furthermore, the additional provisions from the paragraph on retainer offers apply.

data protection

All personal data of the participant will be stored and used exclusively for the purpose of conducting and processing the competition or raffle. The participant is free to withdraw their participation in the competition/raffle at any time. The revocation must be sent to: [email protected], by direct message on social media or in writing to the address given in the legal notice. Further information on the subject of data protection can be found in the relevant regulations here.

Purchases

Terms and conditions for the online shop at the URL

https://www.komsulting.de

operated by

Komsulting UG (limited liability)

Triftstrasse 3a

c/o Tim Teschner

13437 Berlin

E-mail: [email protected]

Telephone number: +4917687435712

hereinafter: Provider:

1. Scope

Once incorporated, these General Terms and Conditions (GTC) apply to all contracts concluded for the purchase of goods, services or other goods (hereinafter “goods”) in the online shop at the above URL in the version valid at the time the contract is concluded. These terms and conditions apply exclusively. Differing terms and conditions of the customer do not become part of the contract unless the provider expressly agrees to them.

2. Conclusion of contract

2.1 The offers in the online shop represent a non-binding invitation from the provider to online shop visitors to make an offer to purchase the goods offered in the shop.

2.2 The goods(s) are ordered via the provider’s online order form. After selecting the desired product(s), entering all required information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing an order, the customer makes a binding contractual offer to purchase the selected product(s). The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or text form (e.g. by email) (order confirmation) and this order confirmation is sent to the customer or by delivering the ordered goods and these goods are received by the customer or by asks the customer to pay (e.g. invoice or credit card payment in the ordering process) and the payment request is received by the customer; The decisive factor for the time of conclusion of the contract is the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time.

2.3 Before bindingly submitting the order via the provider's online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.

2.4 The provider will save the contract text after the contract has been concluded and send it to the customer in text form (e.g. by email). The provider will not make the contract text available beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for concluding the contract: German, English

3. Right of withdrawal for consumers

Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance selling contracts. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. Details can be found in the cancellation policy, which is made available to every consumer at the latest immediately before the contract is concluded.

4. services

4.1. Booked services are payable immediately, at the latest 14 days after receipt of the invoice. After expiry of this period, the client is in default of payment without separate notification. We charge reminder and late payment surcharges amounting to 5% of the invoice amount p.a. as well as an additional lump sum of €40. Collection and other costs incurred as a result of late payment shall also be paid by the defaulting client.

4.2. Should we offset projects against each other within the framework of an agreement or make benefits dependent on follow-up orders, the follow-up orders must take place within an economically justifiable time frame. As a rule, this period shall be a maximum of three months. A delayed start due to the client does not release the client from the payment obligation or from the agreement itself. This is particularly necessary due to capacity, liquidity and customer planning.

Digital products and exclusion of the right of withdrawal

When purchasing digital content that is not delivered on a physical medium (e.g. downloads or streaming content), the customer agrees that the provider will begin executing the contract before the cancellation period expires. The customer acknowledges that this consent means that the right of withdrawal expires as soon as the provider has begun to execute the contract.

For digital products available via the online shop https://www.komsulting.de have been purchased, there is therefore no right of withdrawal within 14 days of purchase. The customer is hereby informed that it is not possible to cancel the purchase of digital products after downloading or streaming has begun.

Please note that this regulation only applies to digital products purchased via the above-mentioned online shop.

4. Payment, default

4.1 The prices listed in the online shop at the time of ordering apply. All prices include VAT and plus any shipping costs listed. The customer is informed about the available payment options in the provider's online shop.

4.2 If payment by credit or debit card has been agreed, the purchase price is due immediately after conclusion of the contract.

4.3 If payment via “PayPal” has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg.

4.4 If “immediate transfer” has been agreed, the purchase price is due immediately after the contract is concluded. Payment is processed via Sofort GmbH, Theresienhöhe 12, 80339 Munich.

5. Retention of title

The purchased goods remain the property of the provider until the purchase price has been paid in full.

6. Delivery and reservation of self-delivery

6.1 Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within the delivery time specified in the online shop. The applicable delivery times can be found in the online shop.

6.2 Picking up the purchased goods yourself is not possible.

6.3 If the provider cannot deliver the ordered goods because it was not his fault that he himself was not delivered, even though he concluded a congruent hedging transaction with a reliable supplier in a timely manner, the provider is released from his obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately about the impossibility of fulfilling the service. Any consideration already provided by the contractual partner will be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

The provisions of statutory liability for defects apply.

8. Liability

8.1 The provider has unlimited liability:

for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
for damages that are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
based on a guarantee promise, unless any other regulation has been made in this regard;
due to mandatory liability (e.g. according to the Product Liability Act)

8.2 If the provider negligently violates an essential contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is granted in accordance with the previous paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.

8.3 Otherwise, liability of the provider as well as the liability of its vicarious agents and legal representatives is excluded.

9. Data protection

The provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. For more information, please see the provider's privacy policy.

10. Final provisions

10.1 The law of the Federal Republic of Germany is applicable, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with a habitual residence in the EU being deprived of the mandatory legal provisions of the law of his or her country of residence.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the provider's registered office is responsible, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The location of our company can be found in the heading of these General Terms and Conditions.

10.3 To the extent that any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.

More information

Komsulting is not responsible for the content of external sites that are referred to as part of this online offer and declines any liability for their content!

Competitions

Komsulting organises and offers competitions on social media. The prizes are consulting hours or, incorrectly specified, other marketing services in the advertised amount, whereby the communicated value is derived from the currently applicable hourly rates (€210 per hour in spring 2024).

Eligible to participate are persons who are self-employed as their main occupation or start-ups that are less than 2 years old (entry in the commercial register is relevant) and carry out all or at least 51% of their activity in Germany or Austria. In any case, the business must be officially registered with the tax office.

Only accounts of self-employed persons and companies whose main purpose is of a commercial nature are eligible to participate. Consumers are excluded from this competition.

Exclusion

If we discover or suspect that participants are exploiting or otherwise manipulating the competition mechanics to our disadvantage (e.g. through bots), we will either exclude the participants from the competition or close the entire competition. We reserve the right to claim damages and other legal options in such cases.

Procedure:

Participants follow our Instagram channel @komsulting or the English account @komsulting_en and like at least one post. Participants who follow the account and have liked a post at the time of the draw will be entered into the prize draw. Depending on the competition, the corresponding number of winners will be drawn at random and the prizes distributed to them at random. The winners will then be contacted by direct message on the platform. If the winners do not respond within 14 working days, the prize claim expires. The prize will not be redistributed due to capacity planning. The participants themselves must ensure that they can be reached via the Instagram channel.

The draw will take place on 1 June 2024, so there will be a chance to take part until 31 May 2024 at 23:59 CET.

The draw will be made:

1x Marketing Consultancy

worth €1,470

as well as

5x Marketing Consultancy worth 630€.

Komsulting is ultimately responsible for coordinating and organising the content of the consultation.

Payment in cash is excluded.

Termination and further details

We reserve the right to terminate the competition without prior notice or in the event of abusive behaviour. The winner is not entitled to any specific quality or service that is to be provided as a result of the counselling hours. The use of the counselling hours won does not create a contractual relationship. A cash payment is not possible. Legal recourse is excluded.

Organiser

The organiser of the competition is Komsulting UG (haftungsbeschränkt) with the address published in the legal notice.

data protection

All personal data of the participant will be stored and used exclusively for the purpose of organising and running the competition or prize draw. The participant is free to cancel their participation in the competition / prize draw at any time. The cancellation should be sent to: [email protected], by direct message on social media or in writing to the address given in the legal notice. Further information on the subject of data protection can be found in the corresponding rules and regulations here.

Note:

The competition has been suspended until further notice. Once a new start date has been set, this will be communicated here and on the relevant advertising media.

Final provision

The place of jurisdiction is Berlin. Only the law of the Federal Republic of Germany is applicable. Should any of these provisions be or become invalid, the validity of the remaining terms of use remains unaffected.