General terms and conditions

(1) These "General terms and conditions"are an integrated part of the contractual agreement between the customer and company revway for fulfilled consultancy services.

(2) In the case that some single conditions of the terms and conditions may be irrelevant, does not affect the applicable remaining conditions.

(3) Company revway is allowed to delegate the consultancy contract to competent employed persons or commercial freelance co operations (fully or partly). The collaboration of specialized colleagues will have to be agreed in writing.

(4) The customer must ensure that the organisational framework enables the completion of the consultancy contract within the property in order to ensure a smooth work process is granted.

(5) The customer must ensure that company revway will be supplied with all for necessary documents to carry out the task and will be given knowledge of all relating circumstances which might effect the contract of consultancy. This also applies to all documents, processes and circumstances which the consultant may find even when the project has already begun.

(6) The customer must ensure that his staff and implemented worker representation (staff association) are informed prior to the advisory activity.

(7) The trust relation between the customer and company revway makes it necessary that the consultant is informed about any previous or current work carried out by another consultancy company in other areas.

§1 Scope and complexity

(1) The terms and conditions will apply if the use of revway is agreed to.

(2) All consultancy contracts and other agreements are only then legally binding if they have been confirmed by the customer and have been signed by the company and will only bind each other to the contractual agreed contract in mentioned complexity.

§2 Complexity of the consultancy mandate

The complexity of the consultancy mandate will be agreed on a contractual basis.

§3 Duty of disclosure to the customer / letter of representation

See preamble (5)

§4 Assurance of independency

(1) The contractual partners bind each other to loyalty.

(2) The contractual partners bind each other to do everything which seems necessary in order to ensure that the cooperation partner and staff of company revway remain independent. This applies especially to offers from the customer in regards of employment and/or taking over jobs on their own accord.

§5 Reporting

(1) Company revway binds itself to report about his work and the one of his employees and so far applicable of its cooperation partner in writing.

(2) The customer and company revway agree that according to the process of the consultancy contracts, revway is obliged to report on ongoing processes.

(3) The final report will be received by the customer within the agreed time (2-4 weeks, depending on the terms of the consulting contract) after completion of the contract.

§6 Protection of intellectual property of company revway / copyright / usage

(1) The customer is obliged to ensure that what is produced from the company revway its employees and cooperation partners i.e. compiled offers, reports, analysis, surveys, organisational plans, programs, service descriptions, drafts, calculations, drawings, data storage disks and others are only used for contractual reasons. Special written confirmation will be required for the chargeable and non chargeable circulation of professional statements to a third party. If the customer gives information out to a third party revway will accept no liability.

(2) The usage of professional comments from company revway for advertisement purposes from the customer is forbidden. A breach of contract makes it possible for the company revway to cancel without notice all not yet applied contracts.

(3) Company revway keeps a copyright on its provided services.

(4) In regards to the compiled consultancy service it remains intellectual property right of the company revway. The right of usage even after payment of the fees remains especially for the use of revway with the customer in the contract described format. The right to copy, even if the company goes into disintegration due to bankruptcy will result in the right to claim for damages.

§7 Rectification of deficiencies

(1) Company revway is obliged to point out any incorrectness and faults, that may be later found out regarding his consultancy services. He is obliged to inform the customer immediately. The warrantee is for 3 months.

(2) The customer has got the right to free of charge resolving of the faults if these can be accepted by the company revway. This claim is valid for six months after completion of the miss reporting of the company revway.

(3) The customer has got right to price reduction in case corrections are not completed if that is in the interest of the client. Depending on the errors, claims for compensation §8 may be applicable.

(4) revway is not under obligation to investigate proof of innocence.

§8 Liabilities

(1) While consulting company revway and its employees will conform accordingly to the commonly known principles of professionalism. They only take liability for faults in case of proof of intentional and gross negligence in the frame of statutory provisions. This also applies to the breach of duties in regards to third party employees.

(2) The claim of compensation can normally only be applied within six months after the claimant has been made aware of the damage but latest within 3 years after the event can court action be taken.

(3) If the activity will be processed through a third party i.e. a data-it company, an economic trustee or a solicitor, the customer will be informed accordingly as to the liabilities and warranties of the third party.

§9 binding non disclosure

(1) Company revway and its employees and any involved colleagues are obliged to keep all information in relation to the contract confidentiality. This confidentiality applies as well to the customer and to its business relations.

(2) Only the customer itself and not the auxiliary person can agree to information disclosure by revway.

(3) Company revway is allowed only to hand out reports, surveys and other written comments regarding the job to third party with the agreement of the customer.

(4) The professional discretion of the consultant, its employees and its third party colleagues applies also for the time after completion of the contract. Exceptions are cases in which by law information has to be given.

(5) Company revway is allowed to give out personal data within the contractual agreement to enable third parties to carry out the agreed work. Company revway guarantees according to the conditions of the data protection act, to oblige to data protection. The company revway agrees that any given material (data storage discs, data, control figures, analysis, programs etc) as well as all results for the completion of the task will be handed back to the customer.

§10 Right of fees

(1) Company revway has a right in return for his consultancy service to the payment of the agreed fee by the customer.

(2) If upon completion of the task, after signature, the customer tries to stop the agreement (i.e. because of cancellation), company revway will still receive the agreed fee.

(3) If the complete task has not been possible due to reasons out of control of revway, revway has the right to claim part of the fee according to the already performed services. This applies if after cancellation the customer still is able to utilize the already performed benefits.

(4) Company revway is not obliged to complete the entire project if the full payment of fees is not agreed to by the customer. If complaints are made against the work of the company revway, revway is still entitled to payment of fees until passed otherwise.

§11 Height of fees

The fee will be agreed by contract.

§12 Applicable right, place of execution, jurisdiction

(1) For the assignment, its accomplishment and the resulting demands, only the federal German right is applicable if nothing else has been agreed.

(2) Place of execution is the city of professional base of the company revway.

(3) For any disputes, the court for the company base of revway in Dinslaken will be applicable.