Any information received by us during the course of our services, which is obviously confidential, or which is explicitly indicated as confidential at the time of receipt will be kept secret and confidential from any third party during the course of and subsequent to the termination of our contract. We will take precautions that only Tobias Lauinger Consulting staff members related to our joint project shall have access to such information. Any documentation and any tangibles received from you shall either be returned to you or destroyed if so requested.
II. CONFIDENTIALITY OF ANY RESULTS
Any results of the project, especially any Tobias Lauinger Consulting documentation, shall be used exclusively for internal purposes within your company and shall not be submitted to third parties, for example, banks, auditors, etc. unless you receive our explicit approval to do so. This is to limit our liability vis-ŕ-vis parties not related to this project. Therefore you shall indemnify us and our employees from any third-party claim.
With regard to the unlikely event of any damages caused by us and/or our employees we regard it as prudent to limit the liability of Tobias Lauinger Consulting and of any Tobias Lauinger Consulting staff member to a reasonable amount covered by our professional liability insurance:
Tobias Lauinger Consulting‘s liability under whatever cause of action is limited to compensation for damage caused by intentional misconduct or gross negligence. Liability for negligent breach of major contractual obligations by executive employees shall not be affected; however, in this respect Tobias Lauinger Consulting is only liable for damage which is reasonably foreseeable and does not exceed an amount of €500,000 in every individual case. The same limitation also applies where third parties make claims against the client.
IV. TERMS OF PAYMENT
Invoicing depends on the length of the project. For projects less than one month the invoice will be submitted at the end of the project and the amount is payable without any deductions within 14 days after the invoice date. For longer projects, invoices will be submitted on the 10th day of each calendar month. The invoiced amount shall be paid without any deductions by the end of the current calendar month. Any deviations from this rule will be put down in writing in the payment conditions of the proposal document.
V. WORK SUBSEQUENTLY COMMISSIONED BY YOU
These General Service Conditions shall be applied to any work subsequently commissioned by you.
VI. LEGAL JURISDICTION
Exclusively the laws of the Federal Republic of Germany shall govern our relationship and any disputes
arising therefrom. City of jurisdiction is Ettlingen.
TOBIAS LAUINGER CONSULTING
OPERATIVES INTERIM MANAGEMENT
2010 Tobias Lauinger Consulting Group. All rights reserved.