Our General Terms and Conditions

1. Contract design

1.1 The conclusion of the contract between the client and KHD - Katzengruber Human Development Group GmbH, in the following called contractor, concerning the services mutually being provided as well as its changes and amendments have to be written down.

1.2 The terms and conditions apply that are attached to the contract. They are part of the contract.

1.3 The terms and conditions at hand take precedence over terms and conditions of the client.

2. Range of activities

2.1 The contractor provides services in form of consulting, training, conception and implementation of strategic models in all corporate areas.

2.2 Topic, content, periods of execution and objectives of the activities are determined in a specific contract between client and contractor. In accepting the dates named in a concept, an outline or a draft these papers become an order. An affirmation of a date is at the same time an affirmation of an order. The contractor is then committed not to offer any further services or to accept any further orders.

3. Fees and costs

3.1 The fee is charged according to the contract. For this purpose, different services are based on different calculations. Consulting, training and coaching is based on a daily fee rate, charged with beginning of each day. Conception, preparation and wrap-up are charged on an hourly basis. The invest for analyses is calculated all inclusive/flat or with a daily fee rate.

3.2 According to agreements with the client the usage of further assistants and the production of teaching material in electronic form (CD-ROM, E-Learning, Videos, Audiotapes etc.) respectively on paper and sheets (presentations, samples etc.) is charged according to expenses and costs.

3.3 All services being executed on weekends or on holidays are subject to special fee agreements.

3.4 All travel and accommodation expenses are charged separately.

3.5 All services are exclusive of VAT. 3.6 30% of the agreed upon fee rates are payable when placing the order. All payments are made free and exclusive of VAT. Setoff and retention against payments due are excluded.

4. Securing of the performance

4.1 The client accepts the copy rights concerning the documents created by the contractor. Copying and/or distribution of the before mentioned documents need to be authorized by the contractor which can only be conducted by the owner/managing partner.

4.2 The contractor assures that there are no limitations to use the documents provided with regards to copy or other rights of third parties.

4.3 The client informs the employees of the contractor about all circumstances that are relevant for the conduction of the order.

4.4 In case of forwarding parts of the concept to third parties, for example in case of a training executed by third parties, the client has to assign the contractor with the coordination and securing the execution of the concept in the right manner by this third party. The contractor commits himself to treat all business relevant processes confidential.

4.5 In case of cancellation of appointments due to force majeure, illness, accidents or other reasons the contractor cannot be made responsible for, the contractor is entitled to catch up the services agreed upon without being liable for compensations.

4.6 The contractor provides its service in time capacities. In order to guarantee a smooth process of cooperation we reserve the mutually defined time capacities exclusively for the client. The contractor does not accept orders from other companies for this period. That means short-term postponements lead to difficulties in personnel capacities. That is why we charge the following costs in case of postponements or cancellation: Postponement or cancellation up to 3 months before the assigned date: 20% of the fee; Postponement or cancellation up to 6 weeks before the assigned date: 50% of the fee; Postponement or cancellation up to 3 weeks before the assigned date: 100% of the fee.

4.7 Postponements are possible until the last day of the year, except there exists a written agreement that allows them.

4.8 The client commits himself not to assign the contractor’s consultants directly but only via the contractor. Furthermore, the client commits himself not to assign former active consultants for the period of 12 months. In order to being able to fulfil this commitment the contractor has to inform the client in case of a consultant being not employed any more.

5. General conditions

5.1 If any provision of the agreement between the parties or these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The parties will implement the conditions with an effective compensation scheme, which is the purpose of the cut correspond determining intent.

5.2 These conditions apply exclusively to German law. The exclusive venue for all claims arising from the contract relating to these Terms and Conditions shall be Munich.