Terms & Conditions

for the provision of services by

Jan-Tobias Zimpel

Toppmannsweg 16

33659 Bielefeld

Email: info@tobiaszimpel.com

(hereinafter referred to as “Service Provider”)

to its customers

(hereinafter referred to as “Client”)

1.1 These Terms and Conditions (T&Cs) for the provision of services apply to contracts concluded between the Client and the Service Provider incorporating these T&Cs.

1.2 If additional contractual documents or other terms and conditions in text or written form become part of the contract alongside these T&Cs, the provisions of these additional documents shall take precedence in case of contradictions.

1.3 The Service Provider does not acknowledge any terms and conditions of the Client that deviate from these T&Cs unless explicitly agreed otherwise.

2.1 The Service Provider, acting as an independent contractor, provides the following services to the Client:

Consulting and coaching offers, including online courses and membership sites.

2.2 The specific scope of services will be determined through individual agreements between the Service Provider and the Client.

2.3 The Service Provider delivers the contracted services with the utmost care and diligence according to the latest standards, rules, and insights.

2.4 While the Service Provider is obligated to perform the agreed services, they are not subject to instructions regarding how, where, or when the services are provided. However, they will schedule working days and times to achieve optimal efficiency in fulfilling the contractual objectives. Services will be delivered in coordination and agreement with the Client.

The Client is responsible for providing complete and accurate information, data, and other materials required for the performance of the services. The Service Provider is not liable for delays caused by the Client’s late provision of necessary cooperation or materials. The provisions under "Liability/Indemnification" remain unaffected.

4.1 The remuneration is agreed upon individually in the contract.

4.2 Payment for services must be made upon completion. If the remuneration is based on time periods, payment is due at the end of each period (§ 614 BGB). For time-based billing, the Service Provider is entitled to issue monthly invoices unless agreed otherwise.

4.3 The Service Provider will issue an invoice via post or email (e.g., as a PDF) after completing the services. Payment is due within 14 days of receiving the invoice.

5.1 The Service Provider is fully liable under all legal grounds in cases of intent or gross negligence, for intentional or negligent injury to life, body, or health, under a warranty (if applicable), or due to mandatory liability. In cases of negligent breaches of essential contractual obligations, liability is limited to foreseeable, typical damages, unless unlimited liability applies as stated above. Essential contractual obligations are those whose fulfillment is essential to achieving the purpose of the contract, and on which the Client regularly relies. Beyond this, liability is excluded. These liability rules also apply to the Service Provider’s vicarious agents and legal representatives.

5.2 The Client indemnifies the Service Provider from any claims by third parties arising from breaches of these contractual terms or applicable laws by the Client.

6.1 The contract duration and notice periods for ordinary termination are agreed upon individually.

6.2 The right of either party to terminate the contract for good cause without notice remains unaffected.

6.3 Upon termination, the Service Provider will promptly return or destroy all materials and content provided by the Client, at the Client’s discretion. Electronic data will be fully deleted, except for documents and data subject to longer statutory retention periods, which will be retained until the end of the respective period. The Service Provider will confirm the deletion in writing upon request.

7.1 The Service Provider will treat all information obtained in connection with the contract strictly confidentially. The confidentiality obligation extends indefinitely beyond the term of this agreement. The Service Provider will impose this obligation on all employees and third parties with access to the contractual information.

7.2 The Service Provider undertakes to comply with all data protection laws, including the GDPR and the Federal Data Protection Act, when performing the contract.

8.1 The law of the Federal Republic of Germany applies, excluding the CISG.

8.2 If any provision of these T&Cs is or becomes invalid, the validity of the remaining provisions remains unaffected.

8.3 The Client will assist the Service Provider as needed by providing the necessary information and data for fulfilling the contract.

8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or if they have no general jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the Service Provider's registered office, unless mandatory legal provisions specify otherwise.

8.5 The Service Provider may amend these T&Cs for objectively justified reasons (e.g., changes in legislation, case law, market conditions, or business strategy) with reasonable notice. Clients will be notified of the changes by email at least two weeks before they take effect. If the Client does not object within the specified period, their consent is deemed given. In case of objection, the Service Provider may terminate the contract extraordinarily at the effective date of the changes. Notifications will highlight the deadline and consequences of objections or lack thereof.

The EU Commission provides a platform for online dispute resolution at: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The Service Provider is neither willing nor obliged to participate in such dispute resolution procedures.