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The business relationship between the client (hereinafter also referred to as the “Client”) and the advisor shall be governed exclusively by the following General Terms of Engagement in the version valid at the time of the order, unless otherwise expressly agreed in writing or required by mandatory law.
Any deviating general terms and conditions of the Client shall not be recognized unless the provider expressly agrees to their validity in writing.
An engagement between the advisor and the Client shall only come into effect upon the advisor’s explicit declaration of intent. The scope of services to be provided by the advisor shall be determined by the written or verbal agreement.
The advisor shall perform the engagement in accordance with the principles of proper professional conduct. The selection of products and companies as contractual partners for the Client shall be made solely in the interest of the Client.
If foreign law is to be taken into account, this requires an explicit written agreement. The advisor does not provide tax advice and is neither authorized nor obligated to file legal remedies or appeals on behalf of the Client.
The Client shall undertake all necessary cooperation required for the proper execution of the engagement. In particular, the Client must ensure that all documents and information necessary for the execution of the engagement are provided to the advisor completely and in a timely manner.
The advisor generally provides services on a commission basis. The commission is paid directly to the advisor by third-party companies, such as insurance providers.
If remuneration is not based on commission from a third party, it must be expressly agreed upon. In such cases, the written or verbal agreement shall be decisive.
If the engagement предусматриes explicit remuneration by the Client and no specific agreement on the amount has been made, the advisor shall be entitled to the customary remuneration in accordance with Sections 612 (2) and 632 (2) of the German Civil Code (BGB).
Double charging to both the Client and a third party shall not occur.
The advisor is obligated to maintain confidentiality in accordance with legal provisions regarding all facts that become known in connection with the execution of the engagement.
This obligation shall not apply insofar as disclosure is necessary for the fulfillment of the engagement with the Client.
The duty of confidentiality shall continue even after the termination of the contractual relationship. These rights and obligations apply equally to the advisor’s employees and agents.
The advisor shall ensure that all information obtained in connection with their activities for the Client is protected against unauthorized access by third parties in accordance with the current state of the art.
The Client is advised that electronic communication via the Internet can never completely exclude unauthorized access by third parties. Upon request, the advisor offers secure communication methods.
The advisor is entitled to involve employees, data-processing companies (e.g. insurance providers), and qualified third parties (e.g. lawyers) in the execution of the engagement.
The advisor shall ensure that such third parties comply with data protection regulations and confidentiality obligations. This duty of care shall not apply if the involvement is carried out on behalf of the Client.
The advisor is entitled to involve employees, data-processing companies (e.g. insurance providers), and qualified third parties (e.g. lawyers) in the execution of the engagement.
The advisor shall ensure that such third parties comply with data protection regulations and confidentiality obligations. This duty of care shall not apply if the involvement is carried out on behalf of the Client.
The Client is entitled to request the remedy of any defects. The Client must grant the advisor a reasonable period to provide subsequent performance.
In the case of a service contract pursuant to Sections 611 and 675 BGB, the Client may refuse subsequent performance if the contract has already ended and the defect is only discovered afterward.
The advisor maintains professional liability insurance with coverage for financial losses arising from this advisory agreement of €1.4 million per individual case, with an annual aggregate limit of €2.8 million.
The advisor is obligated to maintain this insurance coverage for the duration of the contractual relationship.
The advisor shall be fully liable for damages caused intentionally or through gross negligence. The advisor shall not be liable for the fault of companies or qualified third parties (e.g. lawyers) commissioned by the Client in their own name or on behalf of the Client.
In cases of slight negligence, the advisor shall be fully liable for injury to life, body, or health. Otherwise, the advisor shall only be liable for the breach of essential contractual obligations.
Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose compliance the Client may regularly rely.
In such cases, liability shall be limited to the foreseeable damage typically arising, and in any case not exceeding the aforementioned insurance coverage limits.
Any limitation or exclusion of liability shall also apply to employees and agents of the advisor.
This engagement, its execution, and all resulting claims between the contracting parties shall be governed exclusively by the laws of the Federal Republic of Germany.
Should individual provisions of these General Terms of Engagement be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
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