General Terms and Conditions (GTC)
Scalemasters Consulting & Services UG
Kollwitzstrasse 39, 10405 Berlin
HRB 257575 B, Charlottenburg District Court, Berlin
Managing Director: Fabian Roemer
- General Provisions, Scope
1.1. These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between Scalemasters Consulting & Services UG and its business customers (B2B).
1.2. Deviating terms of customers are only valid if Scalemasters Consulting & Services UG has explicitly agreed to them in writing.
1.3. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
1.4. Terms such as “contract,” “services,” “customer,” and “Scalemasters Consulting & Services UG” refer to the parties and services defined in this document.
- Subject of the Contract and Scope of Services
2.1. Scalemasters Consulting & Services UG offers sales training, outsourcing of pre-sales services, and consulting services in the areas of sales and growth.
2.2. Services are provided digitally unless explicitly agreed otherwise.
2.3. Scalemasters Consulting & Services UG guarantees that its services are provided by qualified experts.
- Conclusion and Duration of the Contract
3.1. Contracts are concluded either in writing or orally. Amendments or additions must follow the same form as the contract conclusion.
3.2. Contracts are either project-based or of indefinite duration. Unless otherwise agreed, contracts of indefinite duration may be terminated with three months’ notice to the end of the month.
3.3. The offer is exclusively directed at business customers. There is no right of withdrawal, as our services are exclusively intended for business customers and no statutory right of withdrawal under § 312g BGB applies.
- Prices and Payment Terms
4.1. Prices are individually agreed upon. Unless otherwise specified, a deposit is required. Billing is based on actual service delivery, including the availability of consulting or employee hours.
4.2. Invoices are due immediately upon receipt via bank transfer.
4.3. Default interest accrues from the first day of delay without requiring a reminder. All reminder costs are to be fully borne by the customer. Before initiating further legal steps, the customer will receive a one-time written payment reminder.
- Acceptance and Fulfillment of Services
5.1. Services are deemed accepted if the customer uses the service, pays the invoice without objection, or does not raise written objections within 14 days.
5.2. The customer agrees to provide Scalemasters Consulting & Services UG with all necessary information, documents, and access required for service delivery in a timely manner. Delays caused by the customer’s lack of cooperation will extend any performance deadlines accordingly.
- Contract Changes and Additional Services
6.1. Additional services not included in the original agreement will be billed separately and require a written agreement.
6.2. Scalemasters Consulting & Services UG reserves the right to adapt services due to new technical or legal requirements, provided this does not result in significant disadvantages for the customer.
- Liability and Limitation of Liability
7.1. Scalemasters Consulting & Services UG’s liability is, as far as legally permissible, limited to intent and gross negligence. For slight negligence, Scalemasters Consulting & Services UG is only liable for breaches of essential contractual obligations (cardinal obligations).
7.2. Any liability for indirect damages, lost profits, or damages caused by subcontractors or agents is excluded, as far as legally permissible.
7.3. In cases of force majeure that significantly hinder or render service delivery impossible, Scalemasters Consulting & Services UG is released from the obligation to perform for the duration of the impediment and a reasonable startup period.
- Warranty and Disclaimer
8.1. No warranties are provided for the services rendered.
8.2. Liability is fully excluded where legally permissible.
- Confidentiality
9.1. Both parties commit to absolute confidentiality regarding all trade secrets, pricing structures, internal processes, and operations disclosed during the business relationship.
9.2. Breaches of the confidentiality agreement may result in a contractual penalty determined by Scalemasters Consulting & Services UG unless otherwise agreed.
- Data Protection
10.1. Scalemasters Consulting & Services UG processes personal data of its business customers only in compliance with data protection laws, particularly the GDPR. Further information on data protection can be found in Scalemasters Consulting & Services UG’s Privacy Policy.
- Protection of Intellectual Property
11.1. Copyrights for all documents, concepts, and materials provided by Scalemasters Consulting & Services UG remain with Scalemasters Consulting & Services UG.
11.2. Provided documents, concepts, and materials may not be reused or implemented if payments are overdue. Any distribution to third parties or duplication is prohibited.
- Use as a Reference
12.1. Scalemasters Consulting & Services UG is entitled to name the customer as a reference and use their logo.
- Applicable Law and Jurisdiction
13.1. All legal relationships between Scalemasters Consulting & Services UG and the customer are governed exclusively by German law.
13.2. The place of jurisdiction for all disputes is Berlin.
13.3. The contract language is German