Terms and conditions

1. Contracting party and scope

These terms govern work with Christian Fritsch, trading as VendoNexo, Bürgermeister-Keckl-Straße 24, 92364 Deining, Germany. They apply to consulting, coaching, training, change management, project management and interim services insofar as they are incorporated into the relevant contract.

Clients may be businesses or consumers. Consumers act predominantly for private purposes; business clients enter into the contract in the course of their commercial or independent professional activities. Individually agreed provisions take precedence over these terms.

Any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions shall not become part of the contract unless their applicability has been expressly agreed to.

2. Offers and contract formation

The descriptions of services on this website are for information. A message through the contact form is a non-binding enquiry and does not constitute a paid booking.

The service, scope, dates, fees and any special conditions are set out in an individual offer. A contract is formed when that offer is accepted. Contract documents, including the incorporated terms, are provided to the client in text form. Individual agreements remain binding even if they have not been recorded in writing.

3. Nature and scope of services

The service owed is defined in the relevant offer. Consulting, coaching and training support work on the agreed objectives. A specific commercial or personal outcome is only owed where it has expressly been made part of the contract. Statutory claims arising from services that do not meet the contract remain unaffected.

Business coaching concerns professional development and personal development in a professional context. It is not medical or psychotherapeutic treatment and does not replace such treatment. The client decides whether to implement suggestions.

Entrepreneurial, economic, organizational, and personal decisions, as well as their implementation, remain the responsibility of the customer. Recommendations, assessments, and work products provided by the Provider are intended to provide professional support and assist in decision-making; they do not replace the customer’s own review and decision-making.

The Provider does not provide legal, tax or investment advice, nor does the Provider provide medical, therapeutic or psychotherapeutic advice or treatment.

For interim and project management assignments, tasks, decision-making authority, cooperation, time commitment and handover are expressly defined in the individual contract. A service description alone does not confer authority to represent the client or enter into contracts on their behalf.

4. Cooperation and confidentiality

The parties shall agree on the objectives, responsibilities, and the information and cooperation required for the engagement. The customer shall provide the agreed information, documents, access credentials, contact persons, and decisions in a timely and complete manner. As a general rule, the Provider may rely on the accuracy and completeness of the information provided by the customer unless any inaccuracies are apparent.

Delays resulting from the customer’s late, incomplete, or omitted cooperation shall not be attributable to the Provider. In such cases, agreed dates and deadlines shall be extended as reasonably appropriate. If this results in the need for additional services, their commissioning and remuneration shall be agreed separately.

Confidential personal, commercial or operational information obtained during the work is not disclosed without authorisation. This does not apply to legally required disclosures or information already lawfully in the public domain. Where a company commissions coaching for individuals, the information that may be reported to the commissioning organisation is agreed in advance.

Personal data is subject to the applicable data protection laws. Additional data protection agreements are concluded where an assignment requires them. Information about the website and initial enquiries is provided in the privacy notice.

Audio, image, video, or screen recordings of consulting sessions, coaching sessions, training sessions, workshops, or other services are permitted only with the prior consent of the Provider and, where applicable, any other persons concerned.

5. Fees and payment

Fees are set out in the offer. Consumers are quoted total prices including any applicable VAT. Business clients may be quoted net prices plus legally applicable VAT where this is clearly stated.

Unless the contract provides otherwise, invoices are payable without deduction within 14 days of receipt. The conditions and consequences of late payment are governed by law. These terms do not introduce additional flat-rate reminder charges.

Travel and accommodation costs, and travel time, are charged only to the extent agreed in advance. The relevant rate or calculation method and any cost limit are set out in the offer. Unforeseen additional costs are agreed before they are incurred.

Any travel, accommodation, or other third-party costs that have already been firmly booked and can no longer be cancelled free of charge, and that become unusable as a result of a rescheduling or cancellation initiated by the customer, shall be borne by the customer, provided that such costs were incurred in connection with the agreed engagement and cannot otherwise be avoided or reimbursed.

6. Dates, changes and termination

Appointments shall be agreed jointly. If either party is unable to attend an appointment, the other party shall be informed as early as reasonably possible.

Unless otherwise agreed in the applicable offer or contract, the following cancellation fees shall apply if the customer cancels a firmly agreed appointment:

– up to and including 14 calendar days before the agreed appointment: no charge;
– less than 14 calendar days but more than 48 hours before the agreed appointment: 50% of the remuneration agreed for the appointment concerned;
– within 48 hours before the agreed appointment or in the event of a no-show: 100% of the remuneration agreed for the appointment concerned.

A rescheduling requested by the customer shall be treated as a cancellation if the originally reserved appointment cannot be allocated to another customer.

Any expenses saved and any income earned through alternative use of the appointment slot that has become available shall be taken into account. The customer expressly retains the right to demonstrate that no loss or a substantially lower loss has been incurred. The Provider retains the right to demonstrate that a higher loss has actually been incurred.

Any statutory rights of withdrawal, termination, and rescission shall remain unaffected.

If the Provider is unable to perform an agreed appointment due to illness, force majeure, or another material reason beyond the Provider’s control, a replacement appointment shall be arranged where possible. No remuneration shall be owed for services that are ultimately not provided, or any remuneration already paid for such services shall be refunded. Any further claims shall be governed by the applicable statutory provisions and the liability provisions of these General Terms and Conditions.

7. Liability

The Provider shall have unlimited liability for damage caused intentionally or through gross negligence, as well as for damage resulting from injury to life, body, or health. Liability under mandatory statutory provisions and any expressly assumed guarantee shall remain unaffected.

In the event of a slightly negligent breach of a material contractual obligation, the Provider shall be liable only for damage that is typical for the contract and was foreseeable at the time the contract was concluded. Material contractual obligations are obligations whose performance is essential for the proper execution of the contract and on whose performance the contracting party may regularly rely.

In all other respects, liability for damage caused by slight negligence is excluded.

The Provider shall not be liable for adverse consequences arising from decisions or measures taken independently by the customer on the basis of consulting, coaching, training, or project results, unless the Provider is responsible for a breach of duty in accordance with the foregoing provisions.

The same shall apply to adverse consequences resulting from incorrect, incomplete, or delayed information provided by the customer, provided that the incorrect or incomplete nature of such information was not apparent to the Provider.

The following provisions shall apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law.

To the extent that the Provider is liable under the foregoing provisions for the slightly negligent breach of a material contractual obligation, liability towards the aforementioned customers shall additionally be limited to twice the net remuneration agreed for the respective engagement giving rise to the damage.

In the case of continuing contractual relationships or engagements with a term of more than twelve months, the liability cap shall be calculated on the basis of the net remuneration agreed for the twelve months preceding the event giving rise to the damage. If the contractual relationship has existed for less than twelve months at that time, the net remuneration agreed for the contractual period up to that point shall be decisive.

The foregoing liability cap shall not apply in cases of intentional misconduct or gross negligence, damage resulting from injury to life, body, or health, an expressly assumed guarantee, or cases of mandatory statutory liability.

Claims for damages by the customer against the Provider based on slight negligence shall, in relation to the aforementioned customers, become statute-barred within twelve months from the commencement of the statutory limitation period.

The shortening of the limitation period shall not apply to claims arising from intentional misconduct or gross negligence, damage resulting from injury to life, body, or health, claims based on an expressly assumed guarantee, or claims for which a longer limitation period is mandatorily prescribed by law.

8. Materials and usage rights

The client receives the rights needed to use the supplied materials and work results as agreed. Training materials are generally intended for the client’s own personal or internal business use within the assignment. Broader use, particularly publication or sharing with third parties, requires an appropriate agreement unless already permitted by law.

The client’s existing rights and third-party rights remain unaffected. The contract may provide broader rights for individually developed concepts, project documents and other work results. These terms do not introduce a flat-rate contractual penalty.

Without the Provider’s prior consent, it is expressly prohibited, in particular, to use any materials, concepts, presentations, training content, models, or other work products provided by the Provider to:

– make them publicly accessible or disclose them to third parties not covered by the agreed purpose of use;
– use them for the customer’s own commercial training, consulting, or professional development services;
– substantially modify them and subsequently distribute them as the customer’s own content; or
– use them for the training or fine-tuning of generative AI systems or comparable automated systems, or for building knowledge bases for such systems,

unless such use is permitted by law or has been expressly agreed.

In the event of unauthorized use, statutory claims, including in particular claims for injunctive relief, removal of the infringement, and damages, shall remain unaffected.

9. Consumer right of withdrawal

Consumers may have a statutory right of withdrawal for distance contracts or contracts concluded away from business premises. The information applicable to the specific contract and a withdrawal template are provided before the contract is concluded. Further information is available here: Withdrawal.

Accepting the privacy information in the contact form is neither a paid order nor a waiver of a right of withdrawal. If a service is to begin before the withdrawal period ends, this is agreed separately from the contact form and in accordance with the statutory requirements.

10. Applicable law and jurisdiction

German law applies. For consumers, mandatory protections of the country in which they habitually reside continue to apply where they would apply in the absence of this choice of law.

Jurisdiction is governed by the statutory provisions. These terms do not impose exclusive jurisdiction at VendoNexo’s place of business on consumers. If a provision is invalid, statutory rules apply in its place; the rest of the contract remains in effect as provided by law.

To the extent that the statutory requirements for an agreement on jurisdiction are met, the Provider’s registered office shall be the agreed place of jurisdiction.