Skip to content
FNLY Consulting

Legal

General terms and conditions

For consulting services provided by FNLY Consulting to businesses.

§ 1 Scope

These terms apply to all consulting services of FNLY IT UG (haftungsbeschränkt), operating as FNLY Consulting, provided to entrepreneurs 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.

§ 2 Conclusion of contract

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.

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.

§ 3 Nature of the services

FNLY Consulting provides consulting as a service. What is owed is careful advice according to the state of knowledge at the time of performance, not a particular economic success.

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

§ 4 Client cooperation

The client provides the information and documents needed for the consulting in good time and in full, and ensures that the agreed interview partners are available at the scheduled times.

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

§ 5 Neutrality and implementation by third parties

FNLY Consulting advises independently of vendors and receives no commissions from providers. Technical implementation services, including those under the FNLY IT brand, are contracted and billed separately. The client is free to choose the implementation partner.

§ 6 Remuneration

The prices stated in the offer apply, plus any applicable taxes. Day rates cover up to eight hours, half days up to four hours.

Work is performed remotely via Microsoft Teams by default. On-site visits take place by arrangement; travel costs are billed at cost if they have been agreed in advance.

§ 7 Payment

For the Business Assessment, half of the remuneration is due when the order is placed and the remainder after the results meeting. Services billed by the day and ongoing support are invoiced monthly.

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

§ 8 Rescheduling and termination

Agreed appointments can be rescheduled free of charge up to five business days in advance. If the client cancels later, FNLY Consulting may charge 50% of the remuneration agreed for the appointment, unless the time could be used otherwise.

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

§ 9 Work results

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. The methods and general know-how of FNLY Consulting remain unaffected.

§ 10 Confidentiality

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.

§ 11 Liability

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

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

§ 12 Data protection

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.

§ 13 Final provisions

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.

Last updated: