Imprint / Privacy Policy / Terms of Use
Imprint Privacy Conditions
Imprint
Contact:
H & C GmbH & Co. KG
Managing Director: Bernd Härtlein
Lachholzweg 5 90592 Schwarzenbruck
Germany
Tel: +49 9183 403048
Email: info@haertlein-company.com
Contact person Website: Bernd Härtlein
Register:
Handelslregister: AG Nuremberg, HRA 18622.
Tax ID:
VAT ID: DE 221/162/54402
Privacy
1. Responsible: The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is the: H & C GmbH & Co. KG Website: www.haertlein-company.com 2. Name and address of the data protection officer: Bernd Härtlein , Email: info@haertlein-company.com
3. Foreword We take the protection of your private data seriously. The special attention to privacy in the processing of personal data is of great importance to us. Personal data is used in accordance with the provisions of the Federal Data Protection Act BDSG. The operators of this website are committed to confidentiality. These websites may contain links to websites of other providers to which this privacy policy does not extend.
4. Personal Data Personal data is information that can be used to learn the identity. This includes information such as name, address, postal address, telephone number. Information that is not directly related to the real identity (such as favorite websites or number of users of a site) is not covered. You can basically use our online offer without disclosing the identity. It is up to you to decide which data you enter when contacting us. The statistical analysis of anonymous data records remains reserved. We use the personal data for the purposes of technical administration of the web pages and for customer administration only to the extent required. In addition, personal information will only be stored if it is provided voluntarily.
5. Disclosure of personal data We use personal information only for this website. We do not share the information with third parties without our express consent. If data are to be passed on to service providers within the scope of order data processing, they are bound by the Federal Data Protection Act BDSG, other statutory provisions and this Privacy Policy. Surveys or transmissions of personal data to state institutions and authorities are only possible within the framework of mandatory legal provisions.
6. Use of Cookies Cookies are information transmitted by our web server or third-party web servers to users' web browsers and stored there for later retrieval. Cookies can be small files or other types of information storage. The use of cookies in the context of pseudonymous range measurement informs users in the context of this privacy policy. If users do not want cookies stored on their machine, they will be asked to disable the option in their browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
7. Minors under the age of 18 should not provide any personal information to us without the consent of their parents or guardians. We do not request personal information from minors, do not collect them and do not share them with third parties.
8. Right of Withdrawal If you have given us personal data, you can change and delete it at any time. For a complete deletion of the data please contact the webmaster.
9. Links to other websites Our online offer contains links to other websites. We have no control over their operators' compliance with data protection regulations.
10. Articles The posts on our site are accessible to everyone. Contributions should be carefully checked prior to publication for information that is not intended for the public. Entries may be tracked on search engines and accessed worldwide without targeted access to this website.
11. Questions and Comments For questions and for suggestions and comments on data protection please contact via email to info@haertlein-company.com.
12. Right to information You have the right to information about the data stored regarding your person, their origin and recipient as well as the purpose of the data processing. Information about the stored data, will be provided by the Webmaster.
13. Security advice We endeavor to store your personal data by taking all technical and organizational possibilities so that they are not accessible to third parties. When communicating by e-mail, we can not guarantee complete data security, so we recommend that you send confidential information by post.
Terms of Service
1. Scope
The terms and conditions apply to all contracts for consulting services of H & C GmbH & Co. KG in business dealings with entrepreneurs. 1.1 These General Terms and Conditions (hereafter referred to as GTC) apply to all contractual relationships between H & C GmbH & Co. KG (hereinafter referred to as H & C) and its client (hereinafter referred to as AG), insofar as H & C has indicated their validity. If H & C is in a long-term business relationship with the AG or if the AG issues follow-up orders, these GTC also apply if H & C has not expressly stated their validity in the course of placing the order.
1.2 General Terms and Conditions or forms of the AG shall under no circumstances become part of the contract, irrespective of whether H & C has expressly objected to their validity or not.
1.3 Individual contractual provisions deviating from or supplementary to these General Terms and Conditions supersede the relevant points of the General Terms and Conditions of H & C, provided they have been mutually agreed upon in writing.
2. Conclusion of Contract and Scope of Contract
2.1 The contractual relationship between H & C and the AG comes into force effectively with mutual written agreement, in the absence of this with the written order confirmation by H & C or by verbal commissioning by the AG, affirmed from the first day of performance in the AG's home.
2.2 The content and scope of the services to be provided by H & C shall be determined exclusively by the project or service offer of H & C, the terms of reference in the order agreement or in the order confirmation by H & C. Relevant is the last dated document.
3. General rights and obligations of the contracting parties
3.1 Due diligence and cooperation
3.1.1 H & C performs the contracted services in accordance with the generally accepted professional principles of the management consultants.
3.1.2 The work results of H & C are based on the data, key figures, information as well as the organizational preparation of the AG. H & C is not obliged to examine this information or to investigate the entire legal and economic circumstances of the AG. H & C will however disclose obvious mistakes and defects to the AG.
3.1.3 Insofar as this is necessary for the orderly fulfillment of the order, the client is obliged to cooperate and to create the organizational framework conditions. These include: • The necessary documents and information must be provided in good time. • The necessary and competent staff must be made available. • Unrestricted access to all facilities. • Obtain the required permits and permissions. • The free provision of computer support to the extent necessary and if necessary a work space including telephone is to be organized. • The communication is to be maintained. • Priority must be given to the project. • In addition, H & C must be informed in good time of all processes and circumstances that may be relevant to the execution of the order. This also applies to documents, processes and circumstances that become known only in the course of the activities of H & C on site.
3.1.4 AG and H & C will inform each other during the fulfillment of the contract of all material issues that may be relevant to the fulfillment of the contract and coordinate with each other on the execution of the order.
3.2 Employee Protection and Exclusivity
3.2.1 The AG and H & C refrain from any activities that could jeopardize the independence and loyalty of the respective employees. This applies in particular to offers on employment and for offers to take over orders on own account.
3.2.2 Due to the way of working, H & C employees are very closely involved in the organization of the customers. Customers are therefore in individual cases interested in taking over one of our employees. Upon conclusion of such a contract, H & C invoices the AG for a lump-sum commission for employee leasing amounting to 3 months' salary.
3.2.3 The AG will not entrust consultants with the same or similar tasks without agreement with H & C.
3.3 Restriction of Use / Obligation to Confidentiality
3.3.1 H & C undertakes to use all company data or company-related facts received from the Client or made available by the Order only for the purpose of the order. This use also includes the transfer to third parties, if this is necessary for the execution of the order.
3.3.2 The obligation to maintain confidentiality does not apply to the use of these facts to fulfill statutory disclosure obligations and insofar as the disclosure in order to safeguard legitimate interests vis-à-vis the AG is required. H & C is also exempt from the duty of confidentiality to the extent that it is obliged to provide information in accordance with the insurance conditions of its professional liability insurance.
3.3.3 The offers, reports, analyzes, expert opinions, organization plans, programs, performance descriptions, drafts, calculations and the like (work results) created within or within the scope of H & C's order may only be used by the AG for the purposes and objectives of the contract. Any use intended beyond or beyond the express and written consent of H & C.
3.3.4 Employees of H & C are subject to a strict secrecy obligation in the context of their employment contract. This obligation also applies after the end of the employment relationship.
3.4 Documents
3.4.1 H & C is obliged, upon request of the Client, to return the documents of the Client to the latter after termination of the contractual relationship.
3.4.2 If the client does not request surrender, H & C will keep the documents of the customer 24 months after completion of the order and then destroy them.
3.4.3 H & C has a great interest in ensuring that the offers, reports, drafts, calculations and other work results produced as part of its work for the Client are used only for the purposes and objectives of the contract with the Principal. For this reason, the AG is prohibited from forwarding these documents, documents and other work results of H & C to other companies - especially from the consulting industry - without the express consent of H & C. If the AG violates this provision, it must pay a contractual penalty of € 10,000 to H & C for each case of infringement. The client is allowed to prove that H & C did not incur any damage or significantly lower damage. H & C is permitted to prove that higher damage has occurred.
3.5 Copyrights and related rights H & C retains all exploitation rights in the context of its obligation to maintain secrecy regarding its work (methods, tools, procedures). Copies of the work results by the AG are only permitted within the scope and for the purposes of the order.
4. Fees
4.1 Principles of Fee Calculation
4.1.1 Unless otherwise agreed in writing, H & C shall be entitled to settle the advisory services and the travel expenses incurred on a fortnightly basis, irrespective of how many days were advised.
4.1.2 The statutory VAT is added to the fee and travel expenses.
4.2 Maturity
4.2.1 H & C's invoices are due for payment immediately upon receipt, unless otherwise agreed in writing.
4.2.2 If the Client has not paid the invoice amount within 14 days after receipt of the invoice, he shall be charged the invoice amount with 8 percentage points above the respective base interest rate from this point in time. This also applies if the AG initially denies the billing of H & C in whole or in part and the billing subsequently turns out to be justified. H & C is permitted to prove that higher damage has occurred. 4.3 Working Hours
4.3.1 H & C settles on the basis of working days, whereby 8 hours are estimated for a working day. Such a normal consulting day equals 1.0 settlement days, with the smallest unit of work being 0.25 settlement days.
4.3.2 Up to a working time of 10 hours per consultation day, there will be no change in the agreed fee per working day. If the working time exceeds 10 hours per working day, H & C shall be entitled to invoice the entire working time exceeding 8 hours on a pro rata temporis basis.
4.3.3 If the travel time is up to 4 hours per working day, there will be no change to the agreed fee. If the travel time exceeds 4 hours per consultation day, then H & C is entitled to invoice the complete travel time pro rata temporis.
4.4 Short-Term Appointment Cancellations Specifically specified consultation times (days) that can not be exercised for reasons for which the AG is responsible can be invoiced by H & C at a rate of 50% of the lost turnover / working hours. This does not apply if agreed consultation times are canceled or postponed at least three working days in advance by the client.
5. Liability
5.1 Warranty
5.1.1 The Customer is entitled to the elimination of the defects contained in the performance of H & C within a reasonable period of time. The AG is obliged to give H & C the opportunity to improve its performance accordingly.
5.1.2 Defects of the work results, for which the information and information as well as documents of the AG or third party were causal or contributory, are not to be attributed to H & C. There is therefore no guarantee for these defects.
5.1.3 If the rectification of defects fails, the Customer may request a reasonable reduction in the remuneration or withdraw from the contract.
5.2 Compensation
5.2.1 H & C is only liable for the damage caused by its activities in case of intent or gross negligence. The AG meets the burden of proof for the existence of these debt levels. Liability for unpredictable risks is excluded.
5.2.2 The claim for damages is limited to the maximum of the order value of the respective order.
6. Term of Contract
6.1 Start of Contract The contractual relationship begins with the confirmation of the respective order, at the latest after the first day of service provision.
6.2 End of contract The contract ends by fulfillment of the agreed service (eg by handing over and / or presenting the final documentation), by the ordinary cancellation provided for in point 6.3 or by termination of the contract without notice in accordance with point 6.4.
6.3 Ordinary Termination AG and H & C are entitled to terminate the contractual relationship without stating reasons with a notice period of 30 calendar days in each case at the end of the calendar month. Termination requires written form. In the event of termination, H & C is only entitled to a fee for the services provided until completion of the work. In the case of a variable (performance-related) fee component, this will be charged at a termination by the AG at 50% of the agreed amount. Further claims are excluded.
6.4 Termination for good cause AG and H & C shall also be entitled to terminate the contractual relationship before the expiration of time or fulfillment, even for good cause, without notice by unilateral written declaration to the other contracting party. An important reason in particular is that a contracting party is in debt with a material obligation in default or persistently refuses to comply with them; provided that the party breaching the contract has previously been requested in writing and with a reasonable grace period to terminate the breach of contract and / or to remove the condition contrary to the contract. An important reason is - even without a contracting party having to blame for this - the bankruptcy, bankruptcy or settlement of a contracting party or the unavailability of the purpose pursued by the contract. The termination of the contract for good cause must be made within 14 days. The period begins with the time at which the person entitled to the notice obtains knowledge of the facts relevant to the termination. The notice of termination shall inform the reason for termination.
7. Final Provisions
7.1 Place of Jurisdiction and Applicable Law All disputes and disputes arising out of the contract between H & C and the AG, including its conclusion and validity, shall be subject to the jurisdiction of the H & C local court in Nuremberg.
7.2 Place of performance unless otherwise agreed, the place of performance is the registered office of H & C.
7.3 Severability clause
Should these conditions have gaps, the contracting parties undertake to find a provision which corresponds to what the contracting parties would have wanted at the time the contract was concluded, if they had recognized the incompleteness.
Nuremberg, May 1, 2019