General terms and conditions

These terms apply to all consulting services provided by FNLY IT UG (haftungsbeschränkt), operating as FNLY Consulting, to businesses (Unternehmer) within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.

Deviating terms of the client only apply if FNLY Consulting agrees to them in writing.

Offers from FNLY Consulting are non-binding. A contract is concluded when the client accepts an offer in text form or FNLY Consulting confirms an order in text form.

The scope of services, dates and remuneration are set out in the offer. The free initial call does not create any obligation to place an order.

FNLY Consulting provides consulting as a service. What is owed is careful advice in line with the state of knowledge at the time the service is provided, not a particular economic success.

The decision on implementing recommendations lies with the client. Legal, tax and insurance advice is not part of the service.

The client provides the information and documents required for the consulting in good time and in full, and ensures that the agreed contact persons are available at the scheduled appointments.

Delays caused by a lack of cooperation extend agreed deadlines accordingly.

FNLY Consulting advises independently of vendors and does not receive commissions from providers. Technical implementation services, including those by its sister brand FNLY IT, are commissioned and billed separately. The client is free to choose the implementation partner.

The prices stated in the offer apply plus statutory VAT. Day rates refer to up to eight hours, half days to up to four hours.

Travel costs within 100 km of Borken are included. Beyond that, travel costs are charged at cost if they have been agreed in advance.

For the assessment, half of the remuneration is due on commissioning and the rest after the results meeting. Services billed by the day and ongoing support are invoiced monthly.

Invoices are payable by bank transfer without deduction within 14 days of receipt.

Agreed appointments can be rescheduled free of charge up to five working days in advance. If the client cancels later, FNLY Consulting may charge 50% of the remuneration agreed for the appointment, provided the appointment could not be used otherwise.

Ongoing support can be terminated with one month's notice to the end of a month.

After full payment, the client may use reports, concepts and other work results for its own purposes without restriction. Passing them on to third parties for implementation is permitted. FNLY Consulting's methods and general knowledge remain unaffected.

Both parties treat confidential information of the other party as confidential, also after the end of the contract. This does not apply to information that is publicly known or must be disclosed.

FNLY Consulting has unlimited liability in cases of intent, gross negligence and injury to life, body or health. In cases of slight negligence, FNLY Consulting is only liable for breach of material contractual obligations and limited to the foreseeable damage typical for the contract.

Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

FNLY Consulting processes personal data in accordance with the GDPR. Where FNLY Consulting processes personal data on behalf of the client, the parties conclude a data processing agreement.

The law of the Federal Republic of Germany applies. To the extent permitted, the place of jurisdiction is the registered office of FNLY Consulting.

Should any provision be invalid, the remainder of the contract remains valid.