Terms of Service
General Terms and Conditions (GTC) of health h GmbH, Uhlenhorstweg 31, 45479 Mülheim an der Ruhr
1. Scope of the GTC
The following general terms and conditions apply in the version valid at the time of use or booking for the contractual relationship between the person ordering coaching, advice, training, workshops, events and similar services (hereinafter "customer") and health h GmbH; Fischerskamp 18, 46514 Schermbeck, (hereinafter “health h”).
2. Function of health h, contractual relationship between customers and experts
2.1 health h offers, among other things, to support these companies in the form of individually assembled and interdisciplinary advisory boards (hereinafter "Advisory Boards") to implement the digital transformation of the customer's company. health h compiles these Advisory Boards from its network of experts individually tailored to the interests of the customer.
The independent service providers (hereinafter “experts”) on the Advisory Boards support customers with coaching, advice, training, workshops, events and similar services (hereinafter “services”).
2.2 After identifying the experts who are willing to perform the requested services, health h submits an offer on behalf of the experts with the following information:
the identity of the experts
the experience, training, qualifications of the experts
the daily rates/fixed prices of the experts (incl. travel expenses or excl. travel expenses)
The customer can then accept the contract offers in writing to health h within five days or submit a counter-offer with, for example, a changed daily rate or term. health h can accept the counter-offer in writing within a further five days, subject to the consent of the respective proposed experts.
The contract for the provision of the services is concluded between the customer and the experts. The provision of the services is therefore the responsibility of the experts who offer the respective services. This means that health h is neither responsible nor liable for the provision of the services that are mediated by health h.
2.3 With the acceptance of the offer of health h by the customer a brokerage contract between the customer and health h (hereinafter referred to as the “brokerage contract”). This contract is concluded on the basis of these terms and conditions.
2.4 With the acceptance of the health h offer by the customer, a contract (service contract or mixed-type contract) is also concluded with regard to the administrative services of health h. Administrative services provided by health h include:
Goal definition, including budget, resource and schedule planning,
Compilation and coordination of advisory boards individually tailored to the needs of the company,
planning, implementation, controlling Acceptance and follow-up of consulting projects,
Takeover of communication, escalation and complaint management
and the offer of health h.
3. Cancellation, Relocation and Cancellation of Services
health h or the experts reserve the right to postpone or cancel the provision of services for good cause. An important reason in the above sense is, in particular, illness or another non-culpable prevention of the experts. In the event of cancellation or relocation, the customer will be informed immediately. Claims going beyond this, in particular the reimbursement of travel and accommodation costs, are excluded. The exclusion does not apply if the cancellation is due to grossly negligent or intentional behavior on the part of health h or the experts.
4. Prices, Maturity and Payments
4.1 The amount of the commission is 10% - 20% of the total order volume and results from the respective offer of health h. The total order volume is determined by the total costs for the provision of the services by the respective experts.
The commission to be received from health h is due immediately.
4.2 Should the addition of further experts be necessary in the current project, the total order volume subject to commission increases by the costs for the additional experts. For this purpose, health h prepares a separate offer for the additional work within the meaning of Section 2.2 of these General Terms and Conditions. The addition of further experts requires the written confirmation of the customer.
4.3 Other administrative services offered by health h are billed separately. Administrative services provided by health h include:
Goal definition, including budget, resource and schedule planning,
Compilation and coordination of advisory boards individually tailored to the needs of the company,
planning, implementation, controlling Acceptance and follow-up of consulting projects,
Takeover of communication, escalation and complaint management
and the offer of health h.
4.4 Invoicing for the services of the experts is done by them. The experts will pay any sales taxes directly on the total amount for the services provided.
4.5 The separately listed fee agreement for each project and the current price information are part of these GTC.
5. Liability
5.1 health h is liable for damages in cases of intent or gross negligence - for whatever legal reason. In the event of slight negligence, health h is liable (i) for damage resulting from injury to life, limb or health or (ii) for damage resulting from the breach of an essential obligation (obligation, the fulfillment of which is the proper execution of the order and which health h regularly can and does trust); in this case, however, health h's liability is limited to compensation for foreseeable, typical damage. The limitations of liability from sentence 2 do not apply if health h has fraudulently concealed a defect or assumed a guarantee.
5.2. health h is not responsible for the correct, complete and/or error-free provision of the services of the experts. health h only offers the platform for booking and communication between the customer and the experts. Accordingly, any liability of health h for breaches of duty by the experts, which are committed in the course of the performance of the services, is excluded.
6. Final Provisions
6.1 Subsidiary agreements, changes and additions must be made in writing. This also applies to a waiver of this formal requirement.
Individual agreements made with customers in individual cases (including ancillary agreements, additions and changes) take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
6.2 Legally relevant declarations and notifications by the customer in relation to the contract must be made in writing, ie in written or text form (e.g. letter or e-mail). Statutory formal requirements and other evidence, especially in the case of doubts about the legitimacy of the declarant, remain unaffected.
6.3 Should a provision of this contract be ineffective, this does not affect the validity of the remaining provisions of the contract. Rather, the provision should be replaced by a provision that is legally permissible and comes closest to the original provision.
6.4 The provisions of §§ 705 ff BGB do not apply to the cooperation.
6.5 The exclusive place of jurisdiction is Mülheim an der Ruhr; The law of the Federal Republic of Germany.