General Terms and Conditions
(GTC) of Group Factory Consulting GmbH
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all service contracts, deliveries and services between Group Factory Consulting GmbH (hereinafter referred to as “GFC”) and its customers (hereinafter referred to as “Customer”), unless deviating agreements have been made in writing.
1.2 Deviating or supplementary conditions of the Customer are not part of the service contract, unless GFC expressly agrees to their validity in writing.
2. Services
2.1 The consulting services of GFC include:
- Support for consolidation projects
- Support for closing processes
- Optimization of reporting as well as
- Optimization of HR processes.
2.2 The exact scope of services results from the individual service contract or the offer.
3. Conclusion of Service Contract
3.1 A service contract is concluded by a written order confirmation from GFC or by the provision of the agreed services.
3.2 The offers of GFC are subject to change and non-binding, unless expressly agreed otherwise.
4. Remuneration and Terms of Payment
4.1 The remuneration for the services of GFC results from the respective service contract or the offer.
4.2 All prices are exclusive of the applicable statutory value added tax.
4.3 Invoices are due for payment within 14 days of the invoice date without deduction.
5. Customer’s Obligations to Cooperate
5.1 The Customer ensures that all information, data and access required for the provision of services are provided in a timely manner.
5.2 If the provision of services is delayed due to the Customer’s failure to cooperate properly, the Customer shall bear the resulting additional costs.
6. Liability and Warranty
6.1 GFC is liable for damages only in case of intent or gross negligence. Any further liability is excluded, unless mandatory statutory provisions oppose this.
6.2 Liability for indirect damages, loss of profit or data loss is excluded.
6.3 The Customer must report any defects in writing without delay. GFC has the right to remedy the defect or provide a replacement.
7. Confidentiality and Data Protection
7.1 Both parties undertake not to disclose confidential information of the other party to third parties without authorization or to use it for their own purposes.
7.2 GFC undertakes to process personal data of the Customer in accordance with the applicable data protection laws.
8. Term and Termination
8.1 Contracts are either concluded for a fixed term or for an indefinite term.
8.2 The right to extraordinary termination remains unaffected.
9. Final Provisions
9.1 The law of the Federal Republic of Germany applies.
9.2 The place of jurisdiction for all disputes arising from this service contract is the registered office of GFC, provided that the Customer is a merchant within the meaning of the German Commercial Code (HGB).
9.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.