Terms & Conditions

§1 Scope

These Terms and Conditions apply to all business relationships between Impulswerk GmbH, hereinafter referred to as “Impulswerk”, and its clients. Clients may be natural persons, legal entities or partnerships.

These Terms and Conditions apply to all consulting, management, concept development, marketing and other services provided by Impulswerk to the client. This applies regardless of whether the services are rendered within individual projects, longer-term collaborations or individual consulting assignments.

Any deviating, conflicting or supplementary terms and conditions of the client shall become part of the contract only if Impulswerk has expressly agreed to their validity in writing.

These Terms and Conditions shall also apply to all future business relationships between Impulswerk and the client, even if they are not expressly agreed again.

§2 Subject matter of the contract

Impulswerk provides consulting, management, concept development, marketing and organisational services. These services may in particular relate to the development, optimisation or strategic direction of companies, projects or individual business areas.

Impulswerk performs its services as an independent consulting and management company. Its work includes, in particular, the analysis of structures, the development of concepts, support with organisational processes and strategic advice on commercial and business matters.

The specific scope and design of the services shall result from the respective offer, the individual contract or the project-related agreement between Impulswerk and the client.

As a general principle, Impulswerk does not owe any specific economic success or results. Rather, the services constitute consulting and support services whose implementation and economic effect depend largely on the client’s decisions and actions.

§3 Conclusion of contracts

A contract between Impulswerk and the client is concluded as soon as an offer from Impulswerk is accepted by the client or a corresponding order is placed.

Acceptance may be given in writing, electronically or verbally, provided that the circumstances clearly show that the client wishes to make use of Impulswerk’s services.

The actual use of services may also be regarded as consent to the offered services and to these Terms and Conditions.

§4 Scope of services

The scope of services to be rendered by Impulswerk results from the respective agreement between the parties. This may include both individual consulting services and longer-term management or project services.

Impulswerk is entitled to use its own employees, freelancers or external service providers to perform the agreed services. Responsibility for the organisation and coordination of the services remains with Impulswerk.

The client acknowledges that consulting and management services are regularly based on information provided by the client. As a rule, Impulswerk is not obliged to verify the accuracy or completeness of such information.

§5 Client cooperation obligations

The client undertakes to provide Impulswerk with all information, documents and data required for the performance of the agreed services.

The client shall ensure that the information provided is complete, correct and up to date. Delays or limitations resulting from incomplete or late information are not the responsibility of Impulswerk.

The client also undertakes to make decisions and provide feedback required for the progress of a project within a reasonable period of time.

§6 Compensation

Compensation for Impulswerk’s services shall generally be agreed individually between the contracting parties.

The amount of compensation and the method of billing may arise, for example, from an offer, a project-related agreement or an individual contract.

Unless otherwise agreed, the conditions set out in the respective offer or contract shall apply.

§7 Confidentiality

Impulswerk undertakes to treat all information disclosed in the course of the cooperation as confidential.

This applies in particular to financial figures, business strategies, internal processes, marketing concepts and other business-related information of the client.

The obligation of confidentiality shall continue to apply beyond the end of the cooperation.

§8 Copyright and rights of use

All concepts, analyses, strategies, texts and other work results created by Impulswerk in the course of its work are, as a rule, protected by copyright.

The client receives a non-exclusive right of use to the results created within the cooperation to the extent necessary for the execution of the respective project.

Any transfer or use of the work results beyond the agreed purpose requires the prior consent of Impulswerk.

§9 Liability

Impulswerk shall be liable for damages only in cases of intent or gross negligence.

Liability for economic decisions or measures taken by the client on the basis of consulting services is excluded.

The client remains solely responsible at all times for the commercial and entrepreneurial decisions within its own business.

§10 Contract term and termination

The duration of a collaboration results from the respective individual agreement between the parties.

Unless otherwise agreed, an ongoing collaboration may be terminated by either party by giving reasonable notice.

The right to extraordinary termination for good cause remains unaffected.

§11 Project postponements and cancellations

If appointments, workshops, consulting meetings or other services have been agreed within a project, the client undertakes to keep agreed dates or to communicate changes in good time.

If an agreed appointment has to be postponed or cancelled for reasons within the client’s sphere of responsibility, Impulswerk is entitled to take into account expenses already incurred and reserved working time to a reasonable extent.

If appointments are cancelled or postponed at very short notice, Impulswerk may charge for the organisational effort incurred as well as for working time already scheduled, provided that such time can no longer be used otherwise.

§12 Third-party costs and expenses

Within projects, additional costs may arise that are not part of the actual consulting or management service. These may include, in particular, costs for external services, software, marketing measures, printing services, events or other project-related expenses.

Such third-party costs shall generally be incurred only after prior coordination with the client.

Unless otherwise agreed, the client shall bear these costs. Impulswerk is entitled to pass on such expenses or to commission them in the name of the client.

§13 Data protection

Impulswerk undertakes to process all personal data in accordance with the applicable data protection provisions.

Personal data shall be processed solely for the performance of the contract and shall not be disclosed to third parties without an appropriate legal basis.

§14 Final provisions

Any amendments or additions to these Terms and Conditions must be made in writing.

Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

In such case, the parties undertake to agree on a provision that comes as close as possible to the economic purpose of the invalid provision.

§15 Place of jurisdiction

To the extent permitted by law, the place of jurisdiction for all disputes arising from the business relationship between Impulswerk and the client shall be Leipzig.