General Terms and Conditions (GTC)
Schübeler Consulting – Johann Jörgen Schübeler
General Terms and Conditions (GTC) As of: January 2026
This is a translation of the German General Terms and Conditions provided for convenience. In the event of any discrepancy, the German version shall prevail.
§1 Scope
(1) These General Terms and Conditions (GTC) apply to all contracts, offers and services between Schübeler Consulting, owner Johann Jörgen Schübeler (hereinafter the “Consultant”), and its clients (hereinafter the “Client”), unless expressly agreed otherwise in text form.
(2) Deviating, conflicting or supplementary general terms and conditions of the Client shall only become part of the contract if and to the extent that the Consultant has expressly agreed to their application in text form.
§2 Subject matter of the contract
(1) The subject matter of the contract is the provision of consulting services by the Consultant in the fields of technical communication, digitalisation, process optimisation and related topics. The specific tasks and the scope of services follow from the respective individual contract or project agreement.
(2) No particular economic or technical success is owed unless this has been expressly agreed as such in text form.
§3 Conclusion of contract
(1) A contract is concluded by acceptance of an offer of the Consultant in text form (e.g. by e-mail), by a written order confirmation, or by the Consultant actually commencing the provision of services.
(2) The Consultant reserves the right to decline orders without giving reasons, in particular in the event of a lack of capacity, insufficient professional fit or ethical concerns.
§4 Provision of services and the Client’s duties to cooperate
(1) The services are provided in accordance with the agreements. The Consultant is entitled to use qualified third parties as vicarious agents to fulfil his obligations.
(2) The Client undertakes to provide all information, documents and access required to carry out the order in good time, completely and free of charge. The Client names a responsible contact person.
(3) If the Client fails to meet his duties to cooperate or fails to meet them in good time, and this leads to delays or additional effort, the agreed deadlines shall be extended appropriately. The Consultant is also entitled to invoice the additional effort incurred as a result (e.g. for waiting times or additionally required travel costs) separately. Further statutory claims of the Consultant remain unaffected.
§5 Remuneration and terms of payment
(1) The services are provided on the basis of a daily rate that is negotiated individually in each case.
(2) Unless agreed otherwise, travel time is remunerated at 50% of the agreed hourly rate. Expenses and other incidental costs are billed according to actual effort and against submission of receipts.
(3) Invoices are due for payment without deduction within 14 days of the invoice date. In the event of default in payment, the Consultant is entitled to demand default interest at the statutory rate.
§6 Cancellation terms
(1) Appointments bindingly booked by the Client can be cancelled free of charge in text form up to 5 working days before the agreed appointment.
(2) In the event of a later cancellation up to 24 hours before the appointment, the Consultant is entitled to invoice 50% of the agreed fee as liquidated damages. In the event of cancellation within 24 hours before the appointment, or if the Client fails to appear, the full agreed fee becomes due as liquidated damages.
(3) The Client is in any case permitted to prove that the Consultant incurred no damage, or substantially less damage than the lump sum demanded.
§7 Confidentiality and data protection
(1) Both parties undertake to maintain strict confidentiality regarding all information that is marked as confidential or recognisable as confidential from the circumstances and that becomes known to them in the course of the cooperation. This obligation continues to apply after termination of the contract.
(2) The processing of personal data is carried out in accordance with the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Further details are governed by the Consultant’s privacy policy.
§8 Rights of use
(1) All work results created in the course of the order, such as concepts, texts, strategies and documents, are protected by copyright.
(2) Upon full payment of the agreed remuneration, the Consultant grants the Client the non-exclusive, non-transferable and unlimited right to use the work results for the Client’s own, internal purposes.
(3) Passing the work results on to third parties, publishing them, or any other commercial exploitation beyond the contractually agreed purpose is only permitted with the prior express consent of the Consultant in text form.
(4) The granting of rights of use pursuant to paragraph (2) is subject to the condition precedent of full and timely payment of the entire agreed remuneration.
§9 Liability
(1) The Consultant is liable without limitation for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the Consultant or his vicarious agents.
(2) For other damages, the Consultant is only liable if they are based on an intentional or grossly negligent breach of duty.
(3) In the event of a breach of essential contractual obligations (so-called cardinal obligations), the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the Client may regularly rely, the Consultant is also liable for simple negligence. In this case, however, liability is limited to the foreseeable damage typical of the contract.
(4) Liability under the German Product Liability Act remains unaffected by the above provisions. Any further liability of the Consultant is otherwise excluded.
§10 Warranty
(1) The Consultant provides his consulting services to the best of his knowledge and belief and in accordance with the recognised rules of technology. No guarantee is given for the occurrence of a particular economic or technical success.
(2) Any defects in the service must be reported by the Client without delay, but no later than within 14 days of becoming aware of them, in text form. In the case of a justified and timely notice of defects, the Consultant has the right to remedy the defect.
§11 Place of jurisdiction and applicable law
(1) This contract is governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Consultant’s place of business.
§12 Final provisions
(1) Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the original provision.
(2) Ancillary agreements, amendments or additions to this contract require text form to be effective. This also applies to the cancellation of this text-form requirement.
Schübeler Consulting, owner: Johann Jörgen Schübeler
Am Kreuzberg 10,
37688 Beverungen, Germany
E-mail: info@schuebeler-consulting.de
Web: https://schuebeler-consulting.de
VAT ID: DE421630162