Terms and Conditions

for the provision of services by Laube consulting, Selma-Lagerlöf-Ring 16, 14822 Borkwalde,
email: contact@e-laube.de (hereinafter referred to as the “Contractor”) to its clients (hereinafter referred to as the “Client”)

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor in accordance with these GTC.

1.2 The Contractor does not enter into contracts with consumers or private individuals.

1.3 The Contractor is entitled, in its own name and on its own account, to subcontract the necessary services to subcontractors, who in turn may also engage subcontractors. The Contractor remains the sole contractual partner of the Client in this regard. Subcontractors shall not be engaged if it is apparent to the Contractor that their engagement would conflict with the Client’s legitimate interests.

1.4 Insofar as, in addition to these General Terms and Conditions, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these further contractual documents shall take precedence over these General Terms and Conditions in the event of any conflict.

1.5 The Contractor shall not recognise any General Terms and Conditions used by the Client that deviate from these terms and conditions, unless expressly agreed.

2.1 As an independent contractor, the Contractor shall provide the following services to the Client: management consultancy focusing on data protection, information security and AI

2.2 The specific scope of services shall be set out in individual agreements between the Contractor and the Client.

2.3 The Contractor shall provide the services specified in the contract with the utmost care and diligence, in accordance with the latest standards, rules and findings.

2.4 The Contractor is obliged to provide the services owed under the contract. However, in carrying out his activities, he is not subject to any instructions regarding the manner in which his services are to be provided, the place of performance, or the time of performance. However, when organising the working days and allocating time on those days, the Contractor shall determine these matters itself in such a way as to achieve optimum efficiency in its work and in the fulfilment of the subject matter of the contract. The provision of services by the Contractor shall take place solely in consultation and coordination with the Client.

It is the Client’s responsibility to provide all information, data and other content required for the performance of the service in a complete and accurate manner. The Contractor shall not be liable to the Client in any way for delays in the provision of services arising from late and necessary cooperation or input from the Client; the provisions under the heading “Liability/Indemnification” remain unaffected by this.

4.1 Remuneration shall be agreed upon in an individual contract.

4.2 Remuneration is payable upon provision of the services. If remuneration is calculated on a periodic basis, it shall be payable upon the expiry of each period (Section 614 of the German Civil Code (BGB)). In the case of cost-based invoicing, the Contractor is entitled, subject to any agreements to the contrary, to invoice the services rendered on a monthly basis.

4.3 The Contractor shall send the Client an invoice by post or email (e.g. as a PDF) after the services have been rendered. Payment is due within 14 days of receipt of the invoice.

5.1 The Contractor shall be liable without limitation on any legal ground in cases of wilful misconduct or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a warranty, unless otherwise provided for in this regard, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding sentence. Essential contractual obligations are obligations which the contract imposes on the Contractor, according to its content, for the fulfilment of the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Client may regularly rely. In all other respects, the Contractor’s liability is excluded. The above liability provisions also apply with regard to the Contractor’s liability for its vicarious agents and legal representatives.

5.2 The Client shall indemnify the Contractor against any claims by third parties asserted against the Contractor on the basis of breaches by the Client of these contractual terms or of applicable law.

6.1 The parties shall agree individually on the term of the contract and the notice periods for ordinary termination.

6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.

6.3 Upon termination of the contract, the Contractor must, at the Customer’s discretion, immediately return or destroy all documents and other materials provided to it. The assertion of a right of retention in respect thereof is excluded. Electronic data must be deleted in full. This does not apply to documents and data subject to a longer statutory retention obligation, but only until the end of the respective retention period. The Contractor must confirm the deletion to the Company in writing upon the Company’s request.

7.1 The Contractor shall treat all matters coming to its attention in connection with the Contract as strictly confidential. The Contractor undertakes to impose a duty of confidentiality on all employees and/or third parties who have access to the information covered by this Contract. The duty of confidentiality shall remain in force indefinitely beyond the term of this Contract.

7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – when carrying out the contract.

8.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the CISG.

8.2 Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

8.3 The Client shall, where necessary, assist the Contractor in the performance of its contractual obligations by providing appropriate cooperation. In particular, the Client shall provide the Contractor with the information and data necessary for the fulfilment of the contract.

8.4 If the Client is a trader, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the Contractor’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.

8.5 The Contractor is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or business or corporate strategy) and subject to a reasonable notice period. Existing customers shall be notified of this by email no later than two weeks before the amendment comes into force. Unless the existing customer objects within the period specified in the notice of amendment, their consent to the amendment shall be deemed to have been given. If they object, the amendments shall not come into force; in this case, the Contractor is entitled to terminate the contract extraordinarily upon the amendment coming into force. The notification of the intended amendment to these General Terms and Conditions shall specify the deadline and the consequences of raising an objection or failing to do so.