1. Scope of Application

These general terms and conditions (hereinafter "GTC") apply to all contracts whose subject matter is training, moderation, consulting, or coaching provided by Anna Katharina Weber (hereinafter "the Consultant") as well as for all related business transactions. The GTC also apply to contracts concluded between the Consultant and users of the services. The term "Clients" refers to users of consulting, coaching, and supervision services, while "Customers" refer to clients for training, workshops, and conceptualization.

Clients and Customers can access, save, and print the GTC. The GTC apply for the duration of the business relationship. The terms and conditions of the Customer or the Client apply only if expressly agreed in writing. Individual written agreements between the parties always take precedence.

The following passages apply to the business areas A) Systemic Consulting, Coaching, and Supervision, and B) Training, Workshops, and Conceptualization. Unless expressly stated otherwise, the GTC apply equally to both areas.

 

2. Service Offer / Conclusion of Contract

A) Systemic Consulting, Coaching, and Supervision:

Orders can be placed electronically via email, in writing by mail, or informally (by phone, verbally, in person). In the latter case, written documentation will follow. The contract is concluded when the Consultant confirms in writing the acceptance of the order by the Client. The execution of the order by the Consultant is equivalent to the explicit confirmation of the order.

B) Training, Workshops, and Conceptualization:

Comprehensive orders require a contract or a written order including detailed Terms of Reference (ToR) in which the Customer defines content, scope, products to be provided, time frame, etc., or an offer in which the Consultant defines such details.

 

3. Prices and Payment

A) Systemic Consulting, Coaching, and Supervision:

The Consultant offers a "Sliding Scale" model – a model in which the Client self-classifies based on income and assets. The price varies from 55.00 EUR to 115.00 EUR per hour plus 19% VAT. Examples for orientation:

• Up to 15,000 EUR annual income: 55.00 EUR/hour plus 10.45 EUR VAT;

• Up to 30,000 EUR annual income: 85.00 EUR/hour plus 16.15 EUR VAT;

• Up to 50,000 EUR annual income: 115.00 EUR/hour plus 21.85 EUR VAT;

• Those with more than 50,000 EUR annual income are welcome to pay more and thus fill the solidarity fund.

Invoices are billed per session with a minimum of 60 minutes; thereafter, in increments of each started quarter-hour.

Fees are due within 14 days after invoicing. Payment terms, installment payments, or special conditions must be agreed upon before the start of consulting.

B) Training, Workshops, and Conceptualization:

Daily rates for training, workshops, conceptual development, etc., are negotiated individually and contractually defined. The Consultant also offers different prices: lower rates for NGOs and initiatives, medium rates for small companies and projects funded by public funds, higher rates for medium and large companies. Fees are subject to 19% VAT. Payment terms, installment payments, or special conditions must be contractually agreed upon before the start of the assignment.

 

4. Appointment Cancellations and Cancellation Agreements

A) Systemic Consulting, Coaching, and Supervision:

Agreed appointments are generally binding. This also applies to the free initial consultation. Time and place of the consultation are agreed upon mutually by the Consultant and the Client. The Client commits to being punctual for all sessions.

Free cancellation or rescheduling of the session is possible up to 2 working days before the appointment. After that, 50% of the agreed consulting time fee will be invoiced. In case of non-appearance, the full fee for the agreed consulting time is due as a cancellation fee. This also applies to the free initial consultation! By scheduling an initial consultation appointment, the Client accepts this regulation.

The Consultant reserves the right to cancel or reschedule consultation appointments without giving reasons. There is no entitlement to performance by the Client. The Client is informed in a timely manner, and a replacement appointment is scheduled. Already made payments are promptly refunded and/or credited.

B) Training, Workshops, and Conceptualization:

Free cancellation or rescheduling of training or workshop by the Customer is possible up to 6 weeks before the date. After that, 25% of the agreed fee will be invoiced. In case of cancellation up to 4 weeks before the agreed date, 50% of the agreed fee will be invoiced. In case of cancellation less than 4 weeks before the date, the entire fee will be charged.

 

5. Documents and Content

A) Systemic Consulting, Coaching, and Supervision:

Documents and content provided to the Client during consultation are, unless otherwise agreed, included in the agreed remuneration. The documents are intended for the personal use of the Customer.

B) Training, Workshops, and Conceptualization:

Concepts and materials provided by the Consultant are protected by copyright. The Customer receives a non-exclusive, temporally and spatially unlimited, content-restricted right of use restricted to the purpose of the contract. Any use beyond this, whether for a fee or free of charge, is only permissible with the express written consent of the Consultant. This applies in particular to reproductions, distributions, publications, transfer to third parties, and processing or storage in electronic systems. Removing copyright notices is also not permitted. Assignment of these rights to the Customer must be agreed upon in writing.

 

6. Confidentiality

The Consultant undertakes to maintain confidentiality indefinitely about all information or business and trade secrets of the Customer that become known in connection with the order. Disclosure to third parties not involved in the execution of the order may only occur with the consent of the Customer. Any recordings from consulting sessions are kept confidential by the Consultant and cannot be attributed to individuals.

 

7. Data Protection

The Consultant is authorized to collect, store, and process personal data entrusted by the Customer within the scope of the order, in compliance with applicable data protection regulations. The Consultant expressly points out that particularly fast and uncomplicated communication over the Internet (email, telephony, messenger) may be associated with a loss of confidentiality and security. Email communication from the Consultant is in unencrypted form. The corresponding privacy policy can be viewed on the privacy page (link). Information on the use of Zoom for video call consulting is also available there.

 

8. Customer's Obligation to Cooperate

A) Systemic Consulting, Coaching, and Supervision:

Consultation/Coaching is based on cooperation and mutual trust. The Consultant would like to emphasize that consulting/coaching is a free, active, and self-responsible process, and certain successes cannot be guaranteed by the Consultant. Anna Katharina Weber supports the Client as a process companion and in decision-making and change processes – the actual work of change is done by the Client. The Client should be willing and open to engage with themselves and their situation.

 

9. Differentiation from Psychotherapy

A) Systemic Consulting, Coaching, and Supervision:

Consulting/Coaching is not therapy and does not replace it. Consulting/Coaching is based on a consultant-client relationship characterized by a partnership. It clearly distinguishes the role of the Consultant from that of therapists and doctors.

Psychotherapy is problem- and symptom-oriented, dealing with the past and attempting to heal old wounds. Consulting/Coaching is solution-oriented and focused on the present, future, and activity. Psychotherapy is the targeted treatment of a mental illness.

The result of consulting/coaching is not the relief of psychological complaints but the individual development of the Client.

If the Client is currently undergoing psychotherapeutic treatment, the Consultant and the treating therapist should be informed to ensure that the respective processes do not hinder but can be used to the best advantage of the Client.

 

10. Disclaimer

Claims for damages by the Client are excluded unless otherwise stipulated below. Excluded from the above disclaimer are claims for damages based on an injury to life, body, health, and claims for damages arising from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. Also excluded from the disclaimer is liability for damages based on an intentional or grossly negligent breach of duty by the Consultant.

The Consultant is not legally allowed to provide legal advice or tax advice. Checking the legal and tax legality of developed proposals, recommendations, concepts, etc., is the responsibility of the Customer. Furthermore, the Consultant does not assume any liability that the goals defined with the Client/Customer, which are only to be understood as benchmarks for evaluating the consultation, are actually achieved.

 

11. Amendment of these GTC

These GTC can be changed if there is a material reason for the change. This can be, for example, changes in the law, adjustment of our offers, changes in jurisprudence, or a change in economic conditions. In the case of significant changes affecting you, we will inform you about the planned changes in a timely manner. You have a 14-day right of withdrawal after receiving this information. After this period, these new regulations have become an effective part of the contract.

 

12. Place of Performance and Jurisdiction

Place of performance is Hamburg. Jurisdiction is the competent Local Court of Hamburg. The law of the Federal Republic of Germany applies.

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Hamburg, 1.9.2023