Terms and Conditions
of Müller & Müller Consulting GbR
We are pleased and excited that you are interested in our services. To make the process transparent and in order to ensure to you the full privacy of your companies' non-public information and data (see paragraph 4.).
These terms and conditions apply, if not agreed otherwise. Please note that in order to offer you the best service our contract might have customized terms and conditions.
1.1. The scope of the terms and conditions
These terms and conditions apply for any contract between Müller & Müller Consulting GbR and its clients. Clients can be all companies, entrepreneurs and freelancers.
1.2. Deviating regulations
Any deviating regulations must be agreed prior to the formation of the contract and must be confirmed from both sides in written form (e.g. via email or in a written contract) according to paragraph 2.1.
1.3. Further terms and conditions
Further terms and conditions of each contract, that are not part of these general terms and conditions, are up to negotiation.
2.1. Conclusion of contract
A contract is made after a proposition from one of the parties has been agreed to by the other party with no extraordinary delay. The proposition can be made by both, Müller & Müller Consulting GbR and its clients. An agreement can just be made if all essential terms and conditions are agreed on.
A proposition and an agreement can only be made in written form by declaring the will to do so in a written contract, via email, via chats or by implied silence. An agreement by implied silence is possible by not answering an email about one term of the contract after the basic terms have been agreed on or if a long-term partnership is existing or it is in the obvious interest of the other party. If we make a deal in an oral form it needs to be confirmed in written form afterward (e.g. by summarising it in an email, where the implied agreement by silence is possible).
2.2. Freedom of contract
Depending on the needs of your business we want to reach the best agreement. Therefore, the contract can be formed freely.
3. Prices and payments
Prices are made depending on the service. It must be agreed on the price prior to the contract (see 2.1.).
Payments are made by bank transfer to the bank account of Müller & Müller Consulting GbR. You will receive an invoice via Email. Payments without early payment discount deduction are due 14 days after you have received the invoice. We might invoice some part of the final price in advance and/or in the middle of our work, to ensure a partial payment before the assignment is finished. If we do so, we would give you notice in advance.
3.3. Reverse charge mechanism of the VAT of intra-community trade
Please notice the reverse charge mechanism of VAT at a cross-border business to business trade of services within the EU. If the reverse charge mechanism is applicable we will issue the invoice without VAT and you need to transfer the VAT to the tax office in your country.
4.1. General confidentiality
We hereby assure our clients that we will treat any (crucial) data and information, which is not nor has been publicly available strictly confidential. None of these data and information will be given to a third party and it will only be saved in the office system of Müller & Müller Consulting GbR. We assure confidentiality for both, communication before and within any contract.
The only exceptions are if the client wants or agrees to do otherwise or it would be obvious in the evident interest of our client to do otherwise.
5. Exclusion of liability
5.1. Possible liabilities of Müller & Müller Consulting GbR are explicitly excluded, except it was intent or gross negligence, then Müller & Müller Consulting GbR is liable according to the applicable law (see 7.).
5.2. Any assignment done by Müller & Müller Consulting GbR will be done with appropriate diligence and the result of the work will be presented in a reasonably understandable way. Nevertheless, Müller & Müller Consulting GbR is not liable for the outcome, consequences, and accuracy of its work.
5.3. Any hint, message, and communication of any form given by Müller & Müller Consulting GbR to its clients within, before or after an assignment including any form of information of any legal and/or tax matters are explicitly by no means meant and/or understood as advice or consulting services. The client acknowledges that he cannot take the communication described in sentence one as legal advice or consulting services at no means at no time. The client knows that Müller & Müller Consulting GbR is no law or tax adviser firm nor are its partners, founders or employees lawyers or tax advisors. Müller & Müller Consulting GbR is at no means and no times liable for any case of communication described in this paragraph. Possible liabilities of Müller & Müller Consulting GbR regarding the matter described in this paragraph are explicitly excluded, except it was intent or very gross negligence, then Müller & Müller Consulting GbR is liable according to the applicable law (see 7.).
5.4. If Müller & Müller Consulting GbR provides its clients with advice and/or consulting services from lawyers, law firms or tax advisors or any other third party Müller & Müller Consulting GbR acts only as an intermediate and only transmits the information of any form given by the third party. Müller & Müller Consulting GbR is by no means and by no time liable for the transmitted information of any form, advice or consulting content, scope or correctness, nor its outcome and consequences. No change of form, structure, formatting or other characteristics by the process of transmitting can by no means be held against Müller & Müller Consulting GbR. For any information or communication as described in paragraph 5.3. given by Müller & Müller Consulting GbR to its client which originates from Müller & Müller Consulting GbR and not the third party as described in the first sentence, that is by its form, structure, formatting or communication or signals by Müller & Müller Consulting GbR apparent as originating from Müller & Müller Consulting GbR paragraph 5.3. applies.
6.1. Copyright of our own used intellectual property. All rights alongside the intellectual property of Müller & Müller Consulting and its name are reserved (except 6.2.).
6.2. No copyright of our intellectual property of assignments
No rights are reserved for our texts, translations, images, illustrations et cetera if it was part of the assignment and the full amount of all prices and fees has been paid or the payment is not overdue.
7. Applicable law; place of jurisdiction
7.1. Location of registration
Müller & Müller Consulting GbR is registered and located in Leipzig, Saxony, Germany.
7.2. Applicable Law
German law and effective EU legislation are applicable.
7.3. Place of jurisdiction
The place of jurisdiction is Leipzig, Germany. Possible legal complaints, claims or other legal actions must be addressed to a German court and enforced by it. The responsible court will be the applicable German court according to the legal case and the location of registration of Müller & Müller Consulting GbR (see 7.1.).
8. Severability clause
If one or more paragraphs are invalid, later will get invalid or legal gaps might occur the other paragraphs remain valid and if additionally, or otherwise necessary, the applicable law applies (see 7.).
If you have any questions or notes regarding our services or our terms and conditions, please ask or tell us e.g. via Email (at email@example.com).