General terms and conditions of business of inspiring-health GmbH
1. Application and payment
1.1. These terms and conditions are applicable for all services offered by inspiring-health GmbH. The detailed description of the services is provided in a consulting contract.
1.2. Payment conditions are part of the consulting contract.
1.3. The consulting contract usually consists of the signed proposal (purchase order) – if no dedicated contract document is issued.
inspiring-health GmbH, is generally under non-disclosure for all relevant information that is exchanged between the client and inspiring-health GmbH. If necessary a separate non-disclosure agreement (NDA) is signed. Moreover all regulation of the German data protection laws apply. If specific patient-relevant medical data is exchanged, inspiring-health GmbH respects the special non-disclosure terms for doctors in Germany.
3.1. Appointments and other dates (like deadlines for delivery of information) ought to be agreed early and timely. Other project duties of inspiring-health GmbH, have to be taken in respect in an adequate manner.
3.2. The client is in charge to answer information requests from inspiring-health GmbH, timely, completely and truly. All documents or data necessary for the services have to be disclosed to inspiringhealth GmbH.
3.3. The client has to inform inspiring-health GmbH timely and completely about major changes in the circumstances of the collaboration.
4. Use of email
4.1. If the client provides one or more email-address(es) to inspiring-health GmbH, he agrees to receive documents and other information from inspiring-health GmbH, via these email-address(es). Sending an email to inspiring-health GmbH is also regarded as providing an email-address to inspiringhealth GmbH.
4.2. As long as the client does not provide specific passwords or other encryption information, he accepts that inspiring-health GmbH may send documents and information without passwords or encryption.
4.3. inspiring-health GmbH points out that with sending documents via email or the internet no absolute data security is possible. inspiring-health GmbH has no liability for possible viruses or other damages caused by emails sent through inspiring-health GmbH.
4.4. The client has to check regularly on his behalf, whether emails or other information from inspiringhealth GmbH were provided. If files cannot be processed or opened by the client, inspiring-health GmbH has to be informed immediately. The risk to be able to open files lies with the client.
5. Liability and claim limitation
The liability of inspiring-health GmbH is according to legal regulations in Germany and – if applicable – to regulations in the project contract.
6. Cooperation and preparatory work
6.1. Preparatory works can be processed by all qualified employees or certified third party coworkers like freelancers under contract with inspiring-health GmbH.
6.2. inspiring-health GmbH guarantees that all employees or third party coworkers are operating under the non-disclosure regimens.
6.3. If inspiring-health GmbH uses third party companies for specialized data processing within the scope of the consulting contract, inspiring-health GmbH will make sure, that the specific regulations for discretion and non-disclosure will be obeyed as outlined in these terms and conditions.
7. Accounting of additional costs, travel expenses and similar expenses
7.1. Provided that no other regulations are part of the consulting contract, the following regulations apply:
7.1.1. Postages and additional (third party) costs are refunded via receipt.
7.1.2. Travel expenses are refunded as follows:
- driven distances in km according to German tax caps
- Rail journeys in 1st class coaches. inspiring-health GmbH has no obligation to use rail discout
- Air travel managing directors : Business Class, Air travel all other employees: Economy Class
- Overnight stays are refunded for Hotels in 4-Star categories plus a per-diem of € 45-
7.2. Search expenses – especially cost for literature retrieval – are refunded via receipt.
8. Payment, accounting and service refusal rights
8.1. inspiring-health GmbH is entitled to bill in advance.
8.2. inspiring-health GmbH is entitled to send intermediate accounts. Usually these are carried out monthly, if nothing else is regulated in the consulting contract.
8.3. inspiring-health GmbH is entitled to refuse service, if the client is not paying the bills issued by inspiring-health GmbH within the regular time frame (14 days) and until the client has completed the missing payments. Refusal of service has to be announced via a written note (fax, letter, email) and
has to be announced at least 1 week in advance.
9. Termination of consulting contracts
9.1. Project contracts normally cannot be terminated by a certain date as they do not imply a permanent obligation. However, inspiring-health GmbH grants the customer the right to terminate the project contract at any time with an announcement period of one month to the end of the month, unless otherwise agreed in the project contract. In case of a termination notice, the consequences of the work contract law of the Civil Code, in particular § 649 BGB (German Civil Code) apply.
9.2. On the other hand inspiring-health GmbH may terminate the consulting contract anytime within an adequate period that enables the client to recruit other consulting services if nothing else is agreed in the consulting contract.
9.3. The right for extraordinary termination remains untouched from clause 9.1 and 9.2. Extraordinary termination is especially justified if:
9.3.1. The clients withholds negligently or deliberately essential information that are necessary for inspiring-health GmbH to fulfill the consulting contract.
9.3.2. The client delays payment of bills for regular accounting or expenses for more than 4 weeks after due date of payments.
10. Approval of Nomination as Reference
The client allows the contractor (inspiring-health GmbH) to name the client - especially on the Internet - as a reference visible to third parties. This also includes the use of the client’s company logo and a link to the internet presence of the client. If a designation and publication is not desired,
this must be communicated to the contractor in writing.