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General Terms and Conditions

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§ 1 Application of the General Terms and Conditions

  1. These General Terms and Conditions (GTC) govern the business relationship between the provider, klimahelden Support LLC, owner: Christoph Pfeiffer, 66 West Flagler Street, Suite 900 - #9097, Miami, FL 33130, Phone: +49 (0) 1579 248 28 94, Email: info@klimahelden-support.com, and the customer as a consulting agreement in the sense of §§ 611 ff BGB unless otherwise agreed in writing between the contractual parties.

  2. The offer is exclusively aimed at customers who are entrepreneurs within the meaning of § 14 (1) BGB, a legal entity under public law, or a special fund under public law.

  3. The version of the GTC valid at the time of the conclusion of the contract applies. The General Terms and Conditions also apply to all future business relationships, even if they are not expressly agreed upon again.

  4. Deviating terms and conditions of the customer are not accepted. This also applies if we do not expressly object to their inclusion.

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§ 2 Conclusion of the Contract

  1. The provider offers various services for craft businesses in the energy sector, including:

    • Analysis and optimization of existing processes

    • Support and integration of optimization processes

    • Integration of process optimizations in daily operations

    • B2B acquisition and development of service agreements

    • Operational project and partner management

  2. Customers have the option to schedule a free initial consultation. Based on the customer’s information, the provider prepares a freelancer contract for the customer. The contract is concluded when the customer accepts the provider’s contract by signing it and, if required, returning the signed contract.

  3. The contractor undertakes to execute the services specified in this contract professionally.

 

§ 3 Duration and Termination

  1. If a term is agreed upon, the contract ends upon the expiration of the agreed term without the need for termination.

  2. If the contract is concluded for an indefinite period, it may be terminated by either party with 14 days' notice to the end of the current calendar month.

  3. The right to extraordinary termination remains unaffected.

  4. Any termination must be in written form.

  5. If a specific duration is agreed upon and the contractor is unable to meet the agreed deadline for reasons beyond their control, the deadline is extended by the duration of the impediment. The contractor shall inform the customer of the duration of the delay.

 

§ 4 Remuneration

  1. Unless otherwise agreed, the contractor receives a monthly remuneration for their services. The amount and due date are derived from the respective individual order. The invoicing is carried out tax-free.

  2. If no individual contractual agreements are made between the parties, the agreed remuneration is due at the end of the current calendar month. If it is agreed that the contractor issues an invoice, the due date is within 7 days of receipt of the invoice.

  3. Additional services requested by the customer will be provided for an additional fee.
     

§ 5 Reporting

  1. The contractor provides the customer with a digital report on their ongoing work and its results. The reporting may, at the customer’s choice, be provided once or in the form of interim reports according to the progress of the work.

  2. In any case, the contractor is obliged to provide the customer with a final digital report by the end of the contract.
     

§ 6 Freedom from Instructions

The contractor is not subject to any instructions from the customer regarding the time allocation and execution of the tasks, as far as this is not dictated by the nature of the assignment, when fulfilling the contract or carrying out the services assumed.
 

§ 7 Obligations of the Customer, Extraordinary Right of Termination, Compensation

  1. The customer must ensure that all tools and information necessary for the contractor's work, especially all required technical and human resources, are made available in a timely manner. This also applies to documents, processes, and circumstances that become known during the contractor's work.

  2. At the contractor's request, the customer must confirm the accuracy and completeness of the documents submitted, as well as their statements and verbal declarations, in writing.

  3. The customer agrees to fulfill the cooperation obligations specified in these GTC and the contract to ensure no delay occurs in the execution of the contractor’s services.

  4. If the customer fails to meet the agreed cooperation obligations within four weeks after the project start, despite being prompted by the contractor, the contractor is entitled to terminate the project extraordinarily and without notice. In this case, the contractor’s claim for remuneration remains to the extent that the services were provided. If the customer is responsible for the extraordinary termination, the contractor is also entitled to a claim for damages, especially for lost profit.
     

§ 8 Confidentiality

The contractor is obliged to maintain confidentiality regarding all information that becomes known to them in connection with their work for the customer, regardless of whether it concerns the customer or their business connections unless the customer releases the contractor from this obligation.
 

§ 9 Acceptance and Warranty

  1. If the contractor provides work services, the following applies:

    • The customer is obliged to accept the contractually created work unless acceptance is excluded due to the nature of the work. Acceptance cannot be refused due to insignificant defects. A work is also considered accepted if the contractor has set a reasonable deadline for acceptance after the work is completed, and the customer does not refuse acceptance within this period, citing at least one defect. Liability for material and legal defects is based on the provisions of §§ 633 ff BGB.

  2. The customer must first claim the right to supplementary performance. If this fails, the customer is entitled to further defect rights (self-remedy, withdrawal, reduction, compensation).
     

§ 10 Termination of Work Services

  1. If the customer exercises their right of termination under § 648 BGB, the contractor may demand 15% of the agreed remuneration as a lump sum if the execution has not yet begun. If execution has already started, 80% of the agreed remuneration must be paid.

  2. The customer may request changes in the content and scope of the services. If the changes are not insignificant, the contractor will determine the time delays and additional effort resulting from the requested changes, and the parties will agree on an appropriate contract adjustment. If the parties do not reach an agreement, the contractor is entitled to reject the change request.
     

§ 11 Liability

  1. We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of wasted expenses.

  2. In other cases—unless otherwise specified in paragraph 3—we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you as the customer may regularly rely (so-called cardinal obligation), and limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the regulation in paragraph 3.

  3. Our liability for damages arising from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
     

§ 12 Set-off and Right of Retention

  1. The customer may only set off against the contractor’s claims with undisputed or legally established claims.

  2. The customer may only exercise a right of retention if their counterclaim is based on this contract.​

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