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Conditions

GENERAL TERMS AND CONDITIONS pentalink consulting

CONTENTS

1. GENERAL

1.1 Our general terms and conditions (GTC) are part of the contract and apply to all future transactions and services of Sascha Lübwo-Westendorf pentalink consulting, hereinafter referred to as pentalink consulting. They are fully accepted by the customer.

1.2 Deviating, conflicting or supplementary general terms and conditions are hereby contradicted and do not become part of the contract. These terms and conditions also apply if we provide our services without reservation in the knowledge of conflicting terms and conditions of the customer.

1.3 Customers within the meaning of these General Terms and Conditions are both entrepreneurs and consumers.

2. CONTRACTUAL PARTIES / PROVIDER IDENTIFICATION

The contract is concluded with the:


Sascha Lübow-Westendorf – pentalink consulting –

Kastanienweg 6a

18437 Stralsund

Telephone: +49 (0) 1515 745 2094


Email: info@pentalink.consulting
VAT ID: DE356898512

 

3. CONCLUSION OF CONTRACT

3.1 Offers from pentalink consulting are generally non-binding and merely represent a request to the customer to place an order. A contract is only concluded when the order is accepted by pentalink consulting by means of an order confirmation.

3.2 Pentalink consulting is entitled to have the contract executed in whole or in part by third parties.

3.3 If pentalink consulting uses service providers or software, the contractual conditions of these third parties become part of the agreement.
 

4. CUSTOMER OBLIGATIONS

4.1 The customer assures that the data provided to pentalink consulting is correct and complete. He undertakes to inform pentalink consulting without delay of any changes to the data and to confirm the current correctness again within 14 days of receipt upon request by pentalink consulting. This applies in particular to the name and postal address of the customer, the name, postal address, e-mail address and telephone and fax number of the administrative and technical contact person.

4.2 The customer is obliged to inform pentalink consulting immediately, but no later than on the same day, of any disruptions in connection with the services that he can identify, including the details of their occurrence. Later complaints cannot be considered.

 

4.3 The customer undertakes to provide the necessary and guaranteed support required for the work in full and without culpable hesitation. In particular, this applies to necessary access to systems, data, hardware and software required for work. If access is not or not permanently available and services cannot therefore be provided, pentalink consulting reserves the right to charge for lost sales.

4.4 The customer must carry out a complete data backup before each start and during work by pentalink consulting. pentalink consulting is not liable for data loss.

4.5 Violations of the customer against his obligations from the above points is pentalink consulting for extraordinary termination of the contract.
 

5. OBLIGATIONS OF PENTALINK CONSULTING

5.2 pentalink consulting owes the provision of services by competent and qualified personnel.

5.3 If pentalink consulting does not provide its services in a reasonable manner in accordance with the contract (malfunction) and the customer has given notice of this in good time in accordance with Section 4.2, pentalink consulting is entitled to make up for the contractual provision of the services owed within a reasonable period of time. If the performance disruption is based on an intentional or grossly negligent breach of its obligations, pentalink consulting cannot claim that the customer did not report the performance disruption in good time in accordance with Section 4.2. pentalink consulting can refuse to catch up if this is unreasonable for them, in particular due to disproportionate costs.

5.4 Pentalink consulting does not owe any consulting success, in particular not the functionality of a system implemented at the customer. Pentalink is not liable for damage caused by software or service providers. All contracts are to be understood as service contracts, a possible acceptance by the customer is not required.

 

5.5 Support and on-call services are provided by pentalink consulting to the agreed extent during the contract period. Unless otherwise agreed, on-call and services are provided between the hours of 9:00 a.m. and 5:00 p.m. from Monday to Friday, excluding all German public holidays. Reactions are to be expected within 4 hours at these times. If unavoidable, vacation and downtime will be announced to the customer 2 weeks in advance.

 

5.6 The obligation to fulfill extends to the consultants offered to the customer for projects, consulting and interim mandates. Pentalink consulting strives to ensure the availability offered, but is not liable in the event of illness, termination or other circumstances that make the consultant's availability impossible. Pentalink Consulting will try to provide a replacement, but is not obliged to do so.

 

6. PAYMENT TERMS

6.1 The remuneration for the services of pentalink consulting is based on the hours worked and billed at the agreed hourly rate. Regular work, support, stand-by or software licenses are billed in monthly or annual flat rates as agreed. All agreed hourly rates and flat rates do not include applicable sales tax.

6.2 In the case of permanent provision of services by pentalink consulting, billing takes place monthly.

6.3 Invoices will only be sent in digital form with the customer's consent. Paper copies can be requested for a fee of EUR 2.00.

6.4 The customer can only raise objections to the invoice in writing within one week of receipt of the invoice. If these are not collected within the period, the billing is deemed to have been accepted in terms of scope and amount.

6.5 Flat-rate usage fees are due for payment in advance on the first working day of each month.

6.6 Offsetting against payment claims by pentalink consulting is only permitted with undisputed or legally established claims.

 

6.7 Expenses and ancillary costs of the service will be passed on to the customer by agreement. This includes the additional meal allowances at the statutory rate, accommodation costs actually incurred up to an amount of up to €140 per night, train travel costs in 2nd class or 1st class for journeys of more than 400 km, costs for public transport at the place of work, car travel costs in the amount from a flat rate of €0.45 per kilometer driven, air travel by arrangement. To simplify the billing, a flat rate can be agreed which replaces the individual billing.

 

7. PAYMENT METHODS

pentalink consulting offers the following payment methods:

Customers from abroad:    Rechnung, payable within 14 days
Customers from Germany:    Rechnung, payable within 14 days
 

8. DEFAULT IN PAYMENT

Reminders are sent at intervals of 14 days. A reminder and administration fee of EUR 10 will be charged for each reminder. If the payment deadline is exceeded, interest on arrears will also be charged at the level of the statutory provisions. Costs incurred as a result of reminders, especially collection costs or legal fees for determining the identity based on the available data, such as the IP address of the order, will also be charged to the customer. Furthermore, pentalink consulting can withhold any further service and bill all payments for the services provided so far and make them due.

 

9. TERM AND TERMINATION

9.1 The contract period results from the offer of pentalink consulting. Contracts for the services of pentalink consulting come into effect when they are signed or when the first act of fulfillment is made.

9.2 Fixed-term contracts end with the passage of time without the need for notice. Contracts can be terminated by either party at any time with a notice period of 14 days to the end of the month or to the 15th of a month. Monthly flat-rate contracts for standby and support can only be canceled at the end of the month.

9.3 The right to termination for important reasons remains unaffected. An important reason for pentalink consulting is in particular if

-     the customer seriously violates his contractual obligations,
-     the customer is in arrears with payments for more than one month despite setting a deadline,
-     the customer becomes insolvent or
-     insolvency proceedings are opened over the assets of the customer.

9.4 Ordinary or extraordinary terminations must be in text form to be effective. The terminating party bears the burden of proof for the receipt of the termination.
 

10. STORAGE OF CONTRACT

Your orders will be stored with us after the contract has been concluded. If you lose your documents for your orders, please contact us by e-mail/fax/telephone. We will be happy to send you a copy of your order details. 

 

11. LIABILITY

11.1 Pentalink consulting is fully liable according to the legal provisions  for intentional or grossly negligent damage caused by its legal representatives and commissioned employees as well as for damage resulting from culpable injury to life, limb or health.

11.2 pentalink consulting is liable for such damage that is not covered by Section 11.1 and that is caused by slight negligence, insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the compliance with which the customer may trust regularly (so-called cardinal obligations). The liability of pentalink consulting is limited to the contract-typical foreseeable damage.

11.3 Apart from that, pentalink consulting is not liable. In particular, pentalink consulting is not liable in cases of force majeure. Cases of force majeure are in particular

-    Computer sabotage by a third party,
-    Spying and interception of data by bypassing the security system
-     bypassing the security system at pentalink consulting or the customer, insofar as the security system at that time corresponds to the current state of the art and is customary in the market,
-    forces of nature,
-    Fire
-    failure of communication networks,
-     official orders.

11.4 Pentalink consulting is not liable according to clauses 11.1 and 11.2 for damages that are based on the violation of the customer's obligations, in particular the customer's obligation to back up his data.

11.5 Claims for compensation expire one year after the service has been rendered. If the claims for compensation are based on intent or gross negligence, an assumed guarantee or fraudulent concealment by pentalink consulting, the statutory limitation periods apply to them.
 

12. CANCELLATION POLICY

If the customer is an entrepreneur within the meaning of § 14 BGB, he is not entitled to a right of withdrawal. Customers who are consumers have a right of withdrawal according to the following provisions:

12.1 Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of withdrawal, you must inform us

Sascha Lübow-Westendorf - pentalink consulting
Kastanienweg 6a, 18437 Stralsund

Telephone: +49 (0) 1515 745 2094


Email: rechnung@pentalink.consulting

by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

12.2 Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
 

 

Expiration of the right of withdrawal:

The right of withdrawal expires when we have provided the service in full and have only started to execute the contract after

1.    You have expressly consented to us starting to perform the contract before the end of the cooling-off period, and
2.     You expressly confirm before the start of the execution that you are aware that you will lose your right of withdrawal if we have completely fulfilled the contract.

Sample cancellation form

If you want to revoke the contract, please fill out this form and send it back to

Sascha Lübow-Westendorf - pentalink consulting
Kastanienweg 6a, 18437 Stralsund

Telephone: +49 (0) 1515 745 2094


I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service

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