§ 1 Scope and Provider

(1) These General Terms and Conditions apply to all contracts regarding consulting services (Strategy, Restructuring, Transformation, Procurement, Supply Chain), Interim Management, Mentoring, Training (online/in-person), and systemic consulting provided by BENSEN & TRUST e.K., Owner: Ben Arnolds, Langenfelder Str. 166, 51371 Leverkusen, Germany, hereinafter referred to as the "Provider".

(2) These services are intended for both corporate clients (B2B) and private individuals (B2C). Any conflicting terms and conditions of the Customer shall not be recognized.

§ 2 Subject Matter and Scope of Services

(1) The Provider renders services in the fields of management consulting, interim management, startup scaling consultancy, as well as training and systemic coaching / mentoring.

(2) Services in the field of systemic consulting do not constitute medical or psychotherapeutic treatment and are not intended to replace such treatment.

(3) In the case of consulting services, the Provider owes the agreed service, but does not guarantee a specific economic result.

§ 3 Conclusion of Contract

A contract is concluded upon the signing of an individual agreement, through a written proposal and its acceptance, or by booking a training session, mentoring, or coaching session, including online bookings.

§ 4 Prices and Terms of Payment

(1) All prices quoted are net prices and are subject to the applicable statutory value-added tax (VAT).

(2) Invoices are payable immediately upon receipt without deduction, unless otherwise agreed in writing.

(3) Within the framework of projects, partial payments of the total sum may be agreed upon.

(4) For training, mentoring, or coaching services, the Provider may request payment in advance.

§ 5 Specific Provisions for Interim Management & Mentoring

(1) In the case of Interim Management, specific deployment times and authorities shall be regulated in the individual contract. The pricing structure comprises a net fee plus reimbursement of expenses and the applicable statutory VAT.

(2) Mentoring services shall be billed according to time spent or as a package. The success of mentoring depends significantly on the active cooperation of the Customer.

§ 6 Cancellation and Rescheduling

(1) Agreed consulting appointments or training sessions must be cancelled no later than 24 hours prior to the scheduled time. In the event of late cancellation or non-appearance, the full fee shall remain due and payable.

(2) The Provider reserves the right to cancel training sessions due to insufficient participants or illness of the instructor. In such cases, fees already paid will be refunded or an alternative date will be agreed upon.

§ 7 Liability

(1) The Provider shall be liable without limitation for intent and gross negligence.

(2) For slight negligence, the Provider shall only be liable in the event of a breach of a material contractual obligation, also known as a cardinal obligation. In this case, liability shall be limited to foreseeable, contract-typical damages.

(3) Prior to the placement of an order, the Customer has the opportunity to inquire about the insurance sum and the scope of coverage of the professional liability insurance. The Provider shall provide information and details to the best of its knowledge; should specific inquiries remain unanswered, the Provider shall establish contact with the current insurer. Upon conclusion of the contract, the existing insurance policies shall be deemed accepted in terms of type and scope and applicable to the contract entered into.

§ 8 Confidentiality and Data Protection

(1) The Provider undertakes to maintain secrecy regarding all business secrets and private information disclosed within the scope of the consultancy.

(2) The processing of personal data is carried out in accordance with the applicable data protection regulations, especially the GDPR.

§ 9 Jurisdiction and Applicable Law

(1) The law of the Federal Republic of Germany shall apply.

(2) Provided the Customer is a merchant (Kaufmann), the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider's registered office in Leverkusen.

§ 10 Severability Clause

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.