General Terms and Conditions (GTC)
1. Scope and Provider
(1) These General Terms and Conditions apply to all orders placed with:
Maxeiner & Nagel GmbH & Co. KG
Saalestraße 38
86916 Kaufering
Germany
represented by the general partner:
Maxeiner & Nagel Verwaltungs GmbH, Saalestraße 38, 86916 Kaufering
Registered at: Amtsgericht Augsburg, HRB 28255 (personally liable partner)
Represented by the Managing Directors: Theresa Maxeiner and Detlef Nagel
Commercial Register: Amtsgericht Augsburg, HR 18027
VAT ID: DE276374328
2. Contract Structure
(1) Contracts between the client and Maxeiner & Nagel GmbH & Co. KG, including any amendments or additions, must be concluded in writing.
(2) Contracts specify the scope of services, responsible contact persons, fees, and other applicable terms.
(3) These General Terms and Conditions apply in addition and take precedence over any conflicting terms from the client.
3. Project Execution
(1) Execution is based on a jointly agreed project and implementation plan.
(2) Maxeiner & Nagel GmbH & Co. KG provides services such as training seminars, keynote speeches, and consulting. Individual evaluations of participants are not conducted.
(3) The client acknowledges that all decisions and actions discussed during the training or consulting process are their own responsibility.
(4) Services are delivered by employees and/or freelancers.
(5) If the client commissions third parties with parts of the execution, coordination must be assigned to Maxeiner & Nagel GmbH & Co. KG to ensure conceptual alignment.
(6) The client will continuously inform Maxeiner & Nagel GmbH & Co. KG of all relevant circumstances before and during the assignment and will appoint a responsible contact person.
(7) Unless otherwise agreed, the client is responsible for the logistical organization (venue, catering, accommodation) and for providing prepared materials (e.g., handouts, scripts, etc.).
(8) Booked services can be cancelled by the client at any time. If not otherwise agreed, the following cancellation policy applies:
| Cancellation Period | Fee |
|---|---|
| Up to 20 working days before the start | No fee |
| Up to 10 working days before the start | 50% of agreed fee |
| Less than 10 working days before the start | 100% of agreed fee |
(9) If a session is rescheduled by the client, a handling fee of 20% of the original fee for that date plus any additional costs will be charged.
(10) If a session must be cancelled by the consultant due to force majeure, illness, accident, or other circumstances beyond their control, it will be rescheduled without any liability for damages.
4. Payment Terms
(1) A daily consulting fee is agreed as the basis for cost calculation. Additional costs may apply (e.g., preparation, materials, licensing, technical support).
(2) Travel and accommodation costs are billed separately. Travel time is not charged.
(3) All prices are net plus applicable VAT.
(4) Invoiced amounts are payable without deduction within 20 working days after service delivery.
(5) Rights of retention or offset are excluded.
5. Liability
Maxeiner & Nagel GmbH & Co. KG is liable only for damages caused intentionally or through gross negligence. Any further liability is excluded.
6. Marketing and Reference Use
Unless otherwise agreed, both parties may refer to their collaboration for marketing purposes.
7. Confidentiality, Copyright, and Data Protection
(1) Maxeiner & Nagel GmbH & Co. KG will treat all business-related information confidentially and will not disclose it to third parties or to uninvolved internal personnel. This obligation also applies to subcontractors or freelancers.
(2) The client acknowledges the copyright of the trainer for materials created (e.g., handouts, training documents). Reproduction or distribution requires prior written consent.
(3) Unless agreed otherwise, Maxeiner & Nagel GmbH & Co. KG may offer similar services to competitors of the client.
(4) The client assures that any materials provided do not violate intellectual property rights.
8. General Provisions
(1) German law shall apply.
(2) Place of jurisdiction is the registered office of Maxeiner & Nagel GmbH & Co. KG, if the client has no general jurisdiction in Germany or relocates their place of residence or business outside of Germany.
(3) If any provision of these terms is deemed invalid, the remaining provisions remain effective. The invalid clause shall be replaced by a legally and economically equivalent provision.
(4) Both parties are permitted to process and store data relating to the assignment on any form of data storage media.
9. Final Provisions
These General Terms and Conditions shall apply exclusively. No other terms have been agreed.