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MCJS (Mangement Consultancy JS)
Impressum: Power and Representation/Managing Director:  Dipl.-Kfm. Josef Schlegl VAT Identification: 106/267/90513 Company Information: Management Consultancy JS (Josef Schlegl) Oberer Grasweg 2 A ,84503 Altötting ,Germany E-mail: Phone: +49 8671 507 0136 Mobil: +49 171 95 17802 Internet:
General Terms and Conditions § 1 Applicability (1) The present General Terms and Conditions (“GTC) constitute an integral part of any contracts entered into between MCJS (“Management Consultancy”) and their Clients. Any deliveries, services and quotations by MCJS are based exclusively on these GTCs which shall be deemed to be approved latest upon the Client’s acceptance of the performance. (2) The present GTC apply exclusively. The MCJS hereby objects to any general terms and conditions of business on the part of the Client which might contradict or deviate from these GTCs, and such general terms and conditions of business on the part of the Client shall become an integral part of the contract only upon MCJS express written agreement in that respect. (3) No further express reference need be made to the present GTCs in the event of any follow-on business transactions. (4) Any agreements and understandings between MCJS and the Client for the purpose of operating a contract shall be documented in this Contract. § 2 Offer and Formation of Contract (1) Any offers made by MCJS are subject to confirmation and non-binding. The acceptance of offers and any orders must be confirmed in writing by MCJS to become legally effective. Confirmation by facsimile shall be deemed adequate. (2) Any subsidiary oral agreements and contract amendments shall become legally effective only upon written confirmation by MCJS (3) Employees of MCJS are not authorized to make any subsidiary oral arrangements or covenants beyond the contents of the written Contract. § 3 Prices If not stated otherwise, MCJS shall be bound by the prices quoted in its offers for the duration of four weeks from date of quotation. The prices quoted in the Institute’s confirmation of offer, plus the statutory sales tax, shall generally be applicable. Any additional services shall be charged separately. § 4 Delivery Times (1) Any delivery periods or performance deadlines which may be agreed to be either binding or non-binding shall be specified in writing. (2) MCJS shall not be liable for any delays in delivery due to force majeure and/or events which significant impede delivery or render performance impossible for any longer period than only temporarily; this shall be applicable also in the case of delivery terms and deadlines which had been agreed as binding. In the presence of such events the Institute shall be entitled to delay delivery/performance of the services for the duration of the impeding event plus a reasonable start-up time, or to withdraw from the Contract either wholly or partially on account of that part of the Contract not yet performed. (3)  If the impeding event lasts longer than three months, the Client shall be entitled, after having granted reasonable additional time for delivery/performance of the services, to withdraw from the Contract to the extent to which it has not yet been performed. In the event that the delivery period is extended, or if the Institute is released from its obligations, the Client shall not be entitled to derive any claim for damages from such delay or release. MCJS may plead release due to the described events only if it immediately notifies the Client respectively. (4)  MCJS shall be entitled to partial delivery at any time, unless such partial delivery is not in the Client’s interest. (5)  Fulfillment of the IMCJS’s obligations to perform the services is subject to the timely and orderly fulfillment of the Client’s obligations. (6)  Should the Client be in default of acceptance, MCJS shall be entitled to claim indemnification for any damages incurred; upon occurrence of default of acceptance, the risk of accidental deterioration or accidental perishing of the goods or services shall pass to the Client. § 5 Warranty (1) The Client shall inspect any work results immediately upon delivery with reference to faults. Failing immediate notification of evident faults, the services shall be deemed to be approved and any warranty claims in that respect shall be excluded. (2) In the event of any warranty claims the Institute shall be entitled initially to rectify any fault within a reasonable period or to reproduce the work (subsequent performance). There shall be no claim for subsequent performance. If the Client’s cooperation is required for such subsequent performance, the period of performance shall count only from the date the Client commences its cooperation. Any claim for subsequent performance shall be set forth in writing and include a precise description of the claimed fault. Failing successful completion of the subsequent performance within a reasonable period due to circumstances within the MCJS’s control, the Client may request a reduction of compensation (mitigation) or rescission of the contract (conversion). (3) If the subsequent performance is due to circumstances within the Client’s sphere of responsibility, MCJS is entitled to charge the Client for any work caused by such circumstances at the relevant currently valid prices. (4) Any warranty claims are subject to a limitation period of one year from the day of delivery of the work results to the Client, provided no claims are asserted due to tort, and provided no longer warranty period is made compulsory by law. § 6 Limitation of Liability (1) There shall be no claims for damages caused by positive violation of contractual duty and by tort against both MCJS and its vicarious agent and/or assistant provided such acts were unintentional and not based on gross negligence. This applies also to damage claims due to non-performance, but only to the extent of any indemnification claimed for indirect or consequential damages due to fault, unless liability is based on a covenant that is meant to protect the Client from the risk of such damages. Any liability is restricted to the damage foreseeable at the time of contract conclusion. This restriction shall not be applicable to the either grossly negligent or willful causing of any damage event, or to liability for personal injury. (2) There shall be no liability for commercial decisions which are based on the work results obtained.GTC MCJS -10.03.2020 (3) Any damage claims against MCJS shall be subject to a limitation period of one year from the beginning of the statutory limitation period. (4) The exclusion of liability to that extent shall also apply to the personal liability of any employees, representatives, subcontractors and other collaborators of MCJS. § 7 Client’s Liability (1) To the extent that the Client provides any material to MCJS for the performance of the contract, the Client warrants that it holds the necessary user rights and or industrial property rights and/or that the holder of such rights has given its consent to the use of such materials. (2) The Client shall hold MCJS harmless from any claims by third parties to the extent that such claims are based on damages caused by the materials provided or requested by the Client. (3) The Client shall indemnify MCJS for any damages incurred by the Institute or third parties through the use of the material provided by the Client. (4) The Client shall hold MCJS harmless from any claims asserted against the Institute because of the Client’s use of the properly derived work results in an intentionally or negligently faulty manner. § 8 Payment (1) If not agreed otherwise, the invoices issued by MCJS shall be payable, net, within two weeks after the date of invoice. (2) MCJS is entitled to initially set off any payment of the Client against its earlier debts and shall notify the Client of the manner of such off-setting. In the event that costs and interest have already accrued, MCJS shall be entitled to set off any payment first against the costs, then against any interest, and lastly against the actual invoice amount. (3) If the Client defaults on payment, MCJS shall be entitled to demand from the beginning of the Client’s default, by way of global indemnification, interest at the level of 10 percentage points above the relevant base rate. MCJS reserves the right to claim further damages. (4) If the Client defaults on payment, or if an application for insolvency proceedings is filed against the Client, MCJS may withhold any further services and issue its account for any services already rendered. Moreover, MCJS shall be entitled to perform any further services only subject to the prepayment of remuneration due for all existing orders. (5) The Client shall be entitled to any withholding rights only to the extent that the counter-claim is based on the same contract relationship. The Client shall not be permitted to offset its claims unless such claims have been declared as legally valid or acknowledged by MCJS. § 9 Safekeeping MCJS undertakes to store any survey material for one year and data media for two years, after delivery of the survey report. § 10 Exclusivity MCJS does not grant the Client exclusivity for certain product areas, research objects or research methods. § 11 Confidentiality, Data Protection (1) To the extent not expressly set forth otherwise in writing, the offers, research proposals, designs and research reports delivered by MCJS are confidential. The Client receives such information material exclusively for its own use. If not agreed otherwise, the contents may be published or distributed to third parties either wholly or in part only if so mutually agreed. (2) Research reports may not be duplicated, printed or stored, processed or distributed on/in any information and documentation systems of any kind without the prior written approval of the Institute. Such regulations are not applicable to the research results as such. Should the Client wish to quote research reports either wholly or in part, he is obligated to identify the quoted passages as such and name MCJS as author of the research report. (3) The contract parties undertake to treat strictly confidential any information and data which they receive from the contract partner in relation to the execution of an order and not to disclose it to third parties to the extent that such information and data a) are not or have not become generally accessible to the public, b) have not been made known to the recipient by respectively authorized third parties without any obligation to confidentiality, or c) are not proven to have been known to the contract partner already before the date of receipt. (4) Within the scope of compliance with applicable data protection laws the Institute is entitled to electronically store and process any data which come to its knowledge in the course of executing an order. MCJS is entitled to forward any data to other group companies and to have the data processed there. An anonymous use of partial results by the Institute for marketing purposes is admissible, insofar as no inference to the Client is possible. (5) The Client warrants to pass on only those data to MCJS whose use does not contravene the justified interest of third parties. MCJS is not bound to verify the legitimacy of the data use. The Client shall hold MCJS harmless from any potential third party claims. § 12 Ownership and Copyright (1) MCJS shall retain all rights adhering to it under the Copyright Act. The Client shall on principle not be entitled to use or process the research results provided by MCJS for any purposes other than those expressly contractually agreed or in a scope in terms of location, time or object. Any even partial distribution or other use shall be deemed to be unlawful unless such distribution or use has been expressly agreed in writing. (2) Ownership of the material resulting from the execution of the order – data media of any kind, questionnaires, other written documents, etc. – and resulting data shall rest with the Institute unless agreed otherwise. Any such agreement shall not put the anonymity of interviewees or the test parties at risk. § 13 Final Provisions (1) Any termination, amendment or supplementation of contracts must be done in writing. Any waiver of the written form must be set forth in writing. (2) The place of performance and exclusive legal venue for any disputes arising from or in connection with the performed services shall be “Mühldorf am Inn”. (3) German law shall be the governing law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (4) Should one of the provisions of these General Terms and Conditions or a provision within the scope of any other agreements be or become invalid, this shall not affect the validity of the remaining provisions or agreements.
General Terms and Conditions The Webmaster of the homepage explains specifically that he has no influence at all on the formation and the contents of the linked sites. Therefore he dissociates himself with this specifically of all contents of all the linked sites on the homepages and makes itself these contents not to own.  These explanations apply to all links indicated on the homepages and for all contents of the sites, to which these links lead. Liability sow end: The allocated information on these websites was carefully tested and is regularly updated.  However, no guarantee can be assumed, that all statements are always represented completely, correct and in last relevance.  This applies especially to all links to other websites, on which directly or indirectly, reference is made. . All statements can be, without prior announcement, - supplemented, changed or removed. All offered and named sites within the Internet (also including all through third parties protected trademarks) are subject unrestrictedly to the determinations of the respectively valid brand rights and the possession rights of the respective registered owners.  Alone based on the bare designation, the end is not to be pulled that trademarks are not protected by third rights.  The copyrighting for published sites or even generated objects of the author still remains the author of the sites.  A duplication or use of such graphics and texts in other electronic or printed publications is not allowed without specific approval of MCJS.  Imortant Reference to all Links:  With judgment of the 12th of May 1998 - 312 O 85/98 - the regional court (LG) Hamburg (Germany) decided "liability for links" that through the mounting of some links has to take responsibility for contents of the linked sites where appropriate with. This only can be prevented - so the LG - in that one dissociates himself specifically by these contents: With this I dissociate myself (we us) specifically of all contents of all linked sites and make these contents not to own. This explanation applies to all links appropriate on these websites.
ADDITIONAL PRIVACY POLICY: This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and contents connected to it, as well as external online presences (hereinafter collectively referred to as "online offer") . With regard to the terminology used, e.g. “Processing” or “responsible person”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR). The operator of this website takes the protection of your personal data very seriously. Personal data is treated confidentially and in accordance with the statutory data protection regulations and this data protection declaration. The use of our website is usually possible without providing personal data. Insofar as personal data (e.g. name, address or email address) is collected on our website, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent. We would like to point out that data transmission over the Internet (e.g. when communicating by email) can have security gaps. It is not possible to completely protect data from third-party access. Responsible:  Dipl.-Kfm. Josef Schlegl, Oberer Grasweg 2 A, 84503 Altötting, Deutschland Personal data: Personal data are individual details about the personal or factual circumstances of a specific or identifiable natural person. This includes the information e-mail address and the IP address used when visiting this website. Collection and processing of personal data: When you visit one of our websites, the website from which you visit us, the pages you visit with us and the date and time of access are stored in the server's LOG log. This data is only saved for the purpose of logging the load on our servers and counting page access and is evaluated anonymously. Any additional personal data such as name, address or telephone number will not be recorded unless you provide this information voluntarily and send it by email. Your personal data will not be passed on, sold or otherwise transmitted to third parties. . Contact: If you contact us by email, the information you provide will be stored for the purpose of processing the request and for possible follow-up questions. Deletion or blocking of data: We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as is necessary to achieve the purposes mentioned here or as provided for by the various storage periods provided for by law. After the respective purpose ceases to exist or these deadlines have expired, the corresponding data will be routinely blocked or deleted in accordance with the statutory provisions. Use of web tracking: We do not use web tracking like google analytics or the like. Use of cookies: We do not use cookies when you visit our website. Hosting: The hosting services that we use are storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offer. The servers use log files of the web server service (i.e. when the IP address was accessed from which page) and log files of the mail service (so-called mail log files, i.e. to which or from which email address an email was received or sent .) This information is not evaluated and is only used to document the smooth operation of the server, to determine the load on the server (page views, traffic volume) and, in the event of a fault, as a necessary aid for troubleshooting. External functionalities: Google Fonts and Google API: We integrate fonts from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: WordPress plugins: The WordPress plugins used in the context of page creation do not process or save any personal data. Security: Please note that e-mails are also sent to us unencrypted, depending on the settings in your mail program (keyword SSL). Data transmitted between our computer and us via our website is SSL-encrypted. Right to information: Upon written request, we will inform you whether and which personal data we have stored about you. Changes to our data protection regulations: We reserve the right to adjust this data protection declaration from time to time so that it always corresponds to the current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection declaration then applies to your next visit. Questions about this data protection declaration ?: If you have any questions or suggestions regarding data protection, please use one of the contact options in the imprint.
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