for the provision of services by Niklas Kretschel, Probsteier Straße 2a, 22049 Hamburg, E-Mail: info@niklaskretschel.de (hereinafter referred to as the "Contractor") to his customers (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 incorporating these GTC.
1.2 Insofar as other contractual documents or other business terms in text or written form have become part of the contract in addition to these GTC, the provisions of these other contractual documents shall take precedence over the present GTC in the event of a conflict.
1.3 The Contractor does not recognize any GTC used by the Client that deviate from these business terms – subject to express consent.
2.1 The Contractor provides the following services to the Client as an independent entrepreneur:
2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the greatest possible 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. In performing his activities, however, he is not subject to any instructions regarding the manner of providing his services, the place of performance, or the time of performance. However, he will determine the schedule of working days and the time allocation on these days himself in such a way that optimum efficiency is achieved in his activities and in the realization of the subject matter of the contract. The provision of services by the Contractor shall only take place in coordination with the Client.
It is the Client's responsibility to provide the information, data, and other content to be made available for the purpose of fulfilling the service completely and correctly. The Contractor is in no way responsible to the Client for delays and postponements in the provision of services caused by late and necessary cooperation or input from the Client; the provisions under the heading "Liability/Indemnification" remain unaffected by this.
4.1 The remuneration shall be agreed upon in the individual contract.
4.2 The remuneration is to be paid after the services have been rendered. If the remuneration is calculated according to periods of time, it is to be paid after the expiry of the individual periods of time (§ 614 BGB). In the case of effort-based billing, the Contractor is entitled, subject to deviating agreements, to bill for the services rendered on a monthly basis.
4.3 The Contractor shall provide the Client with an invoice by mail or e-mail (e.g., as a PDF) after the services have been rendered. The remuneration is due for payment within 14 days after receipt of the invoice.
5.1 The Contractor shall be liable without limitation on any legal grounds in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body, or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or on the basis of mandatory liability. If the Contractor negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited according to the preceding sentence. Essential contractual obligations are obligations which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely. Otherwise, liability on the part of the Contractor is excluded. The above liability regulations also apply with regard to the Contractor's liability for his vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any claims by third parties asserted against the Contractor due to violations by the Client of these contractual terms or applicable law.
6.1 The parties shall agree on the contract duration and the periods for ordinary termination individually.
6.2 The right of both parties to extraordinary termination for good cause remains unaffected.
6.3 The Contractor must return or destroy all documents and other content handed over to him immediately upon the Client's request after termination of the contract. The assertion of a right of retention thereto is excluded. Electronic data must be completely deleted. Exempt from this are documents and data for which a longer statutory retention period exists, but only until the end of the respective retention period. The Contractor shall confirm the deletion to the company in writing upon its request.
7.1 The Contractor will treat all processes coming to his knowledge in connection with the assignment as strictly confidential. The Contractor undertakes to impose the duty of confidentiality on all employees and/or third parties who have access to the information subject to the contract. The duty of confidentiality applies for an unlimited period of time beyond the duration 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 (GDPR) and the Federal Data Protection Act (BDSG) – when carrying out the assignment.
8.1 The Client acknowledges that the performance of DNA analyses requires the ordering of physical test kits and the commissioning of external laboratories.
8.2 Insofar as the Contractor bindingly orders or pays in advance for these third-party services (in particular DNA test kits) in the name of or at the express request of the Client, the Client is obliged to reimburse these expenses. This also applies if the Client terminates or withdraws from the service contract (coaching) prematurely, provided that the Contractor can no longer cancel the order free of charge at the time of withdrawal.
8.3 In the case of DNA test kits, any right of withdrawal of the Client expires prematurely as soon as the seal of the packaging of the test kit has been broken after delivery (health protection/hygiene).
8.4 The Contractor is entitled to invoice the costs for third-party services and hardware (e.g., DNA kits) in advance and to execute the order only after receipt of payment.
9.1 The law of the Federal Republic of Germany shall apply to the exclusion of the CISG.
9.2 Should any provision of these GTC be or become invalid, the validity of the remaining GTC shall not be affected thereby.
9.3 The Client will support the Contractor in providing his contractual services through appropriate acts of cooperation, as far as necessary. In particular, the Client will provide the Contractor with the information and data required to fulfill the assignment.
9.4 If the Client is a merchant, 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 on the Contractor's registered office as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.
9.5 The Contractor is entitled to change these GTC 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 period of notice. Existing customers will be notified of this by e-mail at least two weeks before the change takes effect. If the existing customer does not object within the period set in the notification of change, his consent to the change shall be deemed granted. If he objects, the changes shall not take effect; in this case, the Contractor is entitled to terminate the contract extraordinarily at the time the change takes effect. The notification of the intended change to these GTC will point out the period and the consequences of the objection or its absence.
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure according to the VSBG.
Our e-mail address can be found in the header of these GTC.