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 to ensure to you the full privacy of your companies' non-public information and data (see paragraph 4.), these terms and conditions apply.
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.
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).
1.1. The scope of the terms and conditions
These terms and conditions apply for any contract between Müller & Müller Consulting GbR ("we", "us") and its clients ("you"). Clients can be all companies, entrepreneurs, and freelancers.
1.2. Deviating regulations
Any deviating regulations must be agreed upon before the formation of the contract and must be confirmed from both sides in written form (e.g., via email or in a written agreement), according to paragraph 2.1.
1.3. Further terms and conditions
Further terms and conditions of each agreement that are not part of these general terms and conditions are up to negotiation.
2.1. Conclusion of contract
An agreement 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 only 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 chat, 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 apparent 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, in which case 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
3.1. Prices and fees
Prices and fees are set depending on the service(s). It must be agreed on the price before the contract (see 2.1.).
Payments are made by bank transfer to the bank account of Müller & Müller Consulting GbR. Invoices are sent via email. Payments are due 14 days after you have received the invoice if not otherwise agreed upon or stated on the invoice. We might invoice some part of the final price in advance and in the middle of our work, to ensure a partial payment before the assignment is submitted. If we do so, we will give you notice in advance.
3.3. Reverse charge mechanism of the VAT of intra-community (intra-EU) 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 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 (including a cloud) of Müller & Müller Consulting GbR. We also ensure confidentiality for information given to us before a contract.
The only exceptions are if the client wants or agrees to do otherwise (e.g. to cooperate with another company within the scope of the assignment), or it would be in the evident interest of our client to do otherwise. If and when we cooperate with your consent with another company we give this company only the information and data that are neccessary for their assignment.
5. Exclusion of liability
Possible liabilities of Müller & Müller Consulting GbR are explicitly excluded, except it was intent or gross negligence. In case of intent or gross negligence, Müller & Müller Consulting GbR is liable according to the applicable law (see 7.).
5.2. Exclusion of liability of assignments
Any assignment done by Müller & Müller Consulting GbR is 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. No legal advice and services
Müller & Müller Consulting GbR cannot and will not provide any legal advice nor legal services.
Any hint, message, and communication of any form given by Müller & Müller Consulting GbR to its clients within, before, or after an (anticipated) assignment including any form of information of any legal or tax matters are explicitly by no means meant or understood as advice or consulting services.
The client acknowledges that he or she 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 firm or tax advisory firm. The client moreover knows, that also no partners, founders, or employees are 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 gross negligence. In case of intent or gross negligence, Müller & Müller Consulting GbR is liable according to the applicable law (see 7.).
5.4. Exclusion of liability for transmitting legal advice and services
If Müller & Müller Consulting GbR provides its clients with advice 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 or service 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 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 which is apparent as originating from Müller & Müller Consulting GbR paragraph 5.3. applies. Paragraph 5.3. furthermore applies for any communication by Müller & Müller, as described in paragraph 5.3. before, within, and after the transmission of the work of the third party.
6.1. Copyright of our own used intellectual property.
All rights alongside the intellectual property of Müller & Müller Consulting GbR 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 is 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 become invalid, or legal gaps occur, the other paragraphs remain valid. If additionally or otherwise necessary or applicable, the applicable law, according to paragraph 7.2., applies.