1. scope
These General Terms and Conditions apply to all contracts concluded with BIZAGILITY.DE for the services offered by BIZAGILITY.DE. Insofar as agreements deviating from these GTC are made in the case of a service, these shall take precedence.
By booking a service, the client accepts the following General Terms and Conditions of BIZAGILITY.DE. In all other respects, the terms and conditions set forth herein shall apply.
2. Services
The consultant will provide the following services as part of the consultancy in the aforementioned area. Project roles describe the scope of services and serve to define the price of tasks.
- Agile Coach, Management Consultant, Portfolio/Solution Manager
- Included:
- Training of SAFe roles
- Strategy consulting at management and division manager level
- Development or support in portfolio and solution management
- Building or turnaround of an agile organization
- Implementation of workshops at all levels
- Support for agile scaling
- Support for agile work with SAFe, Scrum and Kanban
- Removing obstacles to agile collaboration
- Included:
- Program/project setup, system architecture, pre-project management
- Included:
- Support in the definition of programs projects
- Support in setting up program projects
- Support in defining the system architecture
- Implementation of workshops at program and project level
- Accompanying the preliminary project up to the start of the project
- Support for agile work with SAFe, Scrum and Kanban
- Excluded:
- Training of SAFe roles
- Strategy consulting at management and division manager level
- Development or support in portfolio and solution management
- Building or turnaround of an agile organization
- Conducting workshops at portfolio and solution level
- Support for agile scaling
- Removing obstacles to agile collaboration
- Included:
- Business Process Consultant, Organizational Change Manager
- Included:
- Recording of business processes
- Support with the organization of business processes
- Harmonization of business processes
- Business process development
- Conducting workshops at portfolio and solution level
- Implementation of workshops at program and project level
- Derivation of process requirements (features)
- Testing the implementation of business processes (features)
- Support with the strategy for organizational adaptation
- Support with the implementation of organizational adjustments
- Support for agile work with SAFe, Scrum and Kanban
- Excluded:
- Training of SAFe roles
- Strategy consulting at management and division manager level
- Development or support in portfolio and solution management
- Building or turnaround of an agile organization
- Support for agile scaling
- Removing obstacles to agile collaboration
- Support in the definition of programs projects
- Support in setting up program projects
- Support in defining the system architecture
- Included:
- Scrum/Agile Master, Projektmanager, Solution/Release Train Engineer
- Included:
- Leading an agile project team
- Support for agile work with SAFe, Scrum and Kanban
- Implementation of workshops at program and project level
- Removing obstacles to agile collaboration
- Leading classic project teams incl. rough and detailed planning
- Coordination of solution components between programs
- Coordination of release components between project teams
- Risk, problem and escalation management
- Implementation of the continuous improvement process
- Resource management
- Budget management for classic projects
- Plan management for classic projects incl. replannings
- Excluded:
- Training of SAFe roles
- Strategy consulting at management and division manager level
- Development or support in portfolio and solution management
- Building or turnaround of an agile organization
- Conducting workshops at portfolio and solution level
- Support for agile scaling
- Support in the definition of programs projects
- Support in setting up program projects
- Support in defining the system architecture
- Recording of business processes
- Support with the organization of business processes
- Harmonization of business processes
- Business process development
- Derivation of process requirements (features)
- Testing the implementation of business processes (features)
- Support with the strategy for organizational adaptation
- Support with the implementation of organizational adjustments
- Included:
- Business Analyst, requirements manager
- Included:
- Implementation of workshops at project level
- Documentation of existing business process requirements
- Capturing complete functional requirements
- Collaboration with tool architects for solution development
- Support in adapting the system architecture
- Creation of tests and/or reviews
- Test/review of the requirements with the business units
- Implementation of sprint and release reviews
- Support for agile work with SAFe, Scrum and Kanban
- Excluded:
- Training of SAFe roles
- Strategy consulting at management and division manager level
- Development or support in portfolio and solution management
- Building or turnaround of an agile organization
- Conducting workshops at portfolio and solution level
- Durchführung von Workshops auf Programm-Ebene
- Support for agile scaling
- Removing obstacles to agile collaboration
- Support in the definition of programs projects
- Support in setting up program projects
- Support in defining the system architecture
- Recording of business processes
- Support with the organization of business processes
- Harmonization of business processes
- Business process development
- Derivation of process requirements (features)
- Testing the implementation of business processes (features)
- Support with the strategy for organizational adaptation
- Support with the implementation of organizational adjustments
- Included:
- PLM/MES/ALM Consultant
- Included:
- Requirements analysis across all levels and specialist areas
- Creation of transparent decision papers
- Tool and configuration strategy consulting (view from the outside)
- Support with the system architecture (actual/go-live/vision)
- Support in the definition of programs projects
- Good-Practice, Lessons-Learned and OOTB Consulting
- Advice on the interaction of tool domains
- Implementation of workshops at program and project level
- Excluded:
- Training of SAFe roles
- Strategy consulting at management and division manager level
- Development or support in portfolio and solution management
- Building or turnaround of an agile organization
- Conducting workshops at portfolio and solution level
- Support for agile scaling
- Removing obstacles to agile collaboration
- Support in setting up program projects
- Recording of business processes
- Support with the organization of business processes
- Harmonization of business processes
- Business process development
- Derivation of process requirements (features)
- Testing the implementation of business processes (features)
- Support with the strategy for organizational adaptation
- Support with the implementation of organizational adjustments
- Included:
- PLM Vendor Manager
- Included:
- Strategy consulting at management and division manager level
- Requirements analysis for the creation of the specifications
- Preparation of the specifications
- Support in the preparation of tender documents
- Creation of a weighted evaluation matrix
- Definition of the supplier list
- Support with supplier pre-selection (short listing)
- Support in drafting contracts
- Support in setting up program projects
- Supporting suppliers during ramp-up and project progression
- Excluded:
- Training of SAFe roles
- Development or support in portfolio and solution management
- Building or turnaround of an agile organization
- Conducting workshops at portfolio and solution level
- Support for agile scaling
- Removing obstacles to agile collaboration
- Recording of business processes
- Support with the organization of business processes
- Harmonization of business processes
- Business process development
- Derivation of process requirements (features)
- Testing the implementation of business processes (features)
- Support with the strategy for organizational adaptation
- Support with the implementation of organizational adjustments
- Included:
- Online Training Architect
- Included:
- Strategy consulting for online training
- Support in the creation of training concepts
- Implementation of training concepts on training platforms
- Support with the definition of learning paths
- Support with the definition of courses
- Support with the definition of lessons, quizzes and tests
- Implementation of learning paths, courses, lessons, quizzes and tests
- Test the online training courses
- Excluded:
- Training of SAFe roles
- Development or support in portfolio and solution management
- Building or turnaround of an agile organization
- Conducting workshops at portfolio and solution level
- Support for agile scaling
- Removing obstacles to agile collaboration
- Recording of business processes
- Support with the organization of business processes
- Harmonization of business processes
- Business process development
- Derivation of process requirements (features)
- Testing the implementation of business processes (features)
- Support with the strategy for organizational adaptation
- Support with the implementation of organizational adjustments
- Included:
The consultant provides his services as an independent contractor in a freelance capacity. He is not subject to the client’s authority to issue instructions. In particular, the consultant is not bound in terms of location or time when carrying out his work. Nevertheless, the contractual partners shall take into account the interests of the other party when organizing the provision of services, in particular if the presence of the consultant at the client’s premises is required.
An employment relationship is not established.
At the request of the client, the consultant will commission a status determination procedure for each individual order with the German Federal Pension Insurance Fund in order to establish legal certainty for the client with regard to bogus self-employment. If the status indicates bogus self-employment, this contract will be terminated for the benefit of the parties within 5 working days of receipt of the status.
The consultant is obliged to provide the services in person. In the event of illness or other inability to work, the other contractual partner must be informed immediately. If, in individual cases, the consultant makes use of the services of other persons, in particular specialists on individual issues, the consultant shall remain responsible to the client for the proper performance of the services under this agreement.
3. Order packages
Order packages take into account more favorable daily rates for the client when commissioning higher order volumes. Order packages ensure a predictable workload for the consultant.
Order packages contain an agreed purchase volume within a fixed period of time. Within the specified period, the contracting parties shall agree the assignment times with a lead time of at least 2 weeks. The client is aware that the consultant also works for other clients and that the desired assignment times may already be scheduled for other clients.
Definition of the order packages
- The full week order package includes 5 man-days to be used within 4 weeks at the end of the month.
- The full month order package includes 20 man-days to be used within 3 months at the end of the month.
- The 3 months order package includes 50 man-days to be used within 6 months at the end of the year.
- The 6 months order package includes 100 man-days to be utilized within 1 year at the end of the year.
- The full-year order package includes 200 man-days to be utilized within 2 years at the end of the year.
4. Order categories
Order categories describe the type of collaboration between the contractual partners.
- The OnSite order category includes the provision of services on site at the client’s location. For OnSite assignments, the consultant is available to the client for full daily rates. It is not possible to commission services on the basis of hourly rates for OnSite assignments.
- The Remote Exclusive assignment category involves the provision of services at a location chosen by the consultant, usually at the consultant’s location. In this order category, the consultant is exclusively available to the client by prior arrangement, similar to on-site assignments. In the case of Remote Exclusive assignments, the consultant is generally available to the client for full daily rates. Commissioning at an hourly rate or half-day rate is possible by arrangement.
- The OffSite order category involves the provision of services at a location chosen by the consultant, usually at the consultant’s location. The consultant is not exclusively available to the client in this order category, but only temporarily. This category allows the client a reduced rate and the consultant more flexibility with other clients. This category is suitable for all activities that do not require prompt communication between the contractual partners. For OffSite assignments, the consultant is generally available to the client on an hourly or half-day basis. Assignment at a daily rate is possible by arrangement.
5. Minimum operating days
In the calculation matrix for OnSite assignments per order category and order package, minimum assignment days describe the minimum assignment duration per week from which the daily rates become commercially viable for the consultant.
6. Remuneration
For each working hour started as a -role- in the OffSite category and with an order volume of -X- man-days, the consultant receives an hourly rate of EUR -amount-.
For his services as a -role- in the OnSite/OffSite/Remote Exclusive category and a work package of -X- man-days, each of which amounts to between 6 and 10 full working hours within a calendar day, the consultant shall receive a daily rate of EUR -amount-. Onsite work is always charged at the full daily rate of EUR -amount-.
At the end of each month, the Consultant shall issue the Client with an invoice for the remuneration, specifying the respective activity and its duration.
The order package of -X- man-days is to be used by the client by -date- at the latest.
In the event of an open order by -date-, the outstanding balance shall be invoiced and due on -date-.
If the outstanding service has not been used by the -date-, the consultant will cancel the accrual item on this date. The service already used will be recalculated based on the corresponding order package and the daily rate included. The difference between the outstanding service and the recalculated service will be reimbursed by -date- at the latest after deduction of a 15% expense allowance.
All prices quoted are net prices. The applicable statutory value added tax will be added. The consultant’s VAT ID is DE367611321.
The client shall transfer the fee to the consultant’s account within 14 days of receipt of a proper invoice:
Bank: Sparkasse Allgäu, Account holder: Gerd Marinelli, IBAN: DE96 7335 0000 0515 1418 85, BIC: BYLADEM1ALG
In the event that the client is in default of payment, the consultant shall be entitled to suspend his services until all outstanding amounts have been paid.
The consultant is responsible for the payment of taxes, in particular income tax, and any social insurance contributions.
The consultant shall include all expenses for assignments in Germany and Austria incurred in the course of his work (all-in). The contracting parties agree that expenses for assignments in other countries shall be reimbursed by the client or organized and borne by the client upon proper proof. Expenses in other countries include travel expenses, accommodation costs and the statutory expense allowances applicable in Germany for each country. Travel costs with the consultant’s vehicle for assignments outside Germany and Austria are charged at € 0.50 per kilometer. In all countries, travel time is regarded as fully billable working time in the “Remote Exclusive” category.
7. Weekend, public holiday and night bonuses
The weekend includes Saturdays and Sundays.
The public holidays in Germany and the federal state of Bavaria apply.
Regular working hours, which are calculated in the hourly and daily rates and in the order packages, start at 9 a.m. and end at 6 p.m. with a flexible break between 12 p.m. and 2 p.m.
Regular travel times start at 8 a.m. and end at 8 p.m. Regular travel times do not include weekends and public holidays. If an arrival with a travel start before 8 a.m. is required, the contractual partners agree on an arrival the day before.
For times outside regular working and travel times as well as on weekends and public holidays, surcharges shall be agreed between the contracting parties, which shall be confirmed by the client in writing by e-mail prior to use.
- For a work start between 6 a.m. and 9 a.m. and a work finish between 6 p.m. and 8 p.m., a surcharge of 25% is agreed for the time outside regular working hours.
- A surcharge of 50% is agreed for work between 8 p.m. and 6 a.m.
- A surcharge of 25% is agreed for work or travel on a Saturday without a public holiday.
- A surcharge of 50% is agreed for work or travel on a Sunday or public holiday.
- In the case of a combination of work outside regular working hours and weekend or public holiday work, the supplements are added together.
8. Illness, absence from work and vacation
The consultant is not entitled to remuneration if he is unable to perform his work due to illness or other reasons.
The consultant is not entitled to vacation or vacation pay.
9. Non-compete clause, activities for third parties
For the duration of the contractual relationship, the consultant undertakes not to work for any company that is in competition with the client, not to establish or operate such a company or to participate in such a company beyond a de minimis limit.
In addition, the consultant is free to work for other clients as long as the work for the client is not impaired by the other activity.
10. Confidentiality
The consultant undertakes to maintain secrecy about all business and trade secrets of which he becomes aware in the course of his work during and after the termination of the contractual relationship, unless they are merely facts or circumstances that are in line with the general state of the art or otherwise in the public domain. The client shall release the consultant from this duty of confidentiality if and to the extent that he is legally obliged to disclose the relevant information.
11. Registration and conclusion of contract
The booking can be made by email or via the booking system provided on the homepage (www.bizagility.de) via internet. The booking is considered a binding contract offer. The contract is concluded upon receipt of the booking confirmation by BIZAGILITY.DE. Bookings are always considered in the order in which they are received.
12. Withdrawal
Either party may terminate the contractual relationship with a notice period of 3 months to the end of the month. The right to extraordinary termination remains unaffected.
Termination of the contractual relationship must be in writing.
The consultant shall re-invoice the client for the service already utilized with the order package matching the accepted service and the daily rate contained therein and invoice the difference between the outstanding and completed service.
Upon termination of the contractual relationship, the consultant shall return to the client all property of the client in his possession and all documents made available to him by the client in the course of his work without delay and without being requested to do so.
The client may withdraw from the contract up to 14 days before the start of the service in writing by e-mail or by canceling in the booking system with acceptance of a charge of 15% of the order value. In case of later cancellation or failure to perform the service without cancellation, 100% of the service will be charged as a lump sum. The lump sum is waived if it can be proven that the damage did not occur or is reduced to the damage if the damage is less than the lump sum. The decisive point in time for the withdrawal of the client is the time of receipt of the declaration by BIZAGILITY.DE.
13. Cancellation and changes to services
BIZAGILITY.DE has the right to postpone or cancel a service for reasons beyond its control (e.g. legally determined Corona contact restrictions, strike, illness, bad weather, telephone and internet failure, force majeure). The client will be notified of this under the contact details stated in his booking. In case of cancellation, any service already paid for will be refunded. The same shall apply in the event that the Client is unable to attend a make-up date for the service. Other claims on the part of the client are excluded.
14. Liability
BIZAGILITY.DE is liable for damages in connection with the performance of services only in case of intent or gross negligence. The limitation of liability does not apply to damages resulting from injury to life, body or health, which are based on a negligent or intentional breach of duty by BIZAGILITY.DE or a legal representative or vicarious agent of BIZAGILITY.DE. Furthermore, the limitation of liability does not apply to damages based on the violation of a so-called cardinal obligation (i.e. a contractual obligation which makes the proper execution of the contract possible in the first place and on the fulfillment of which the client regularly relies and may rely).
15. Data protection
The data provided by the client during registration will be stored and processed exclusively for the purpose of processing the service and for invoicing purposes. If the client consents to further data processing when booking or performing the service, the data will be stored and processed for the purposes stated in each case. The data will not be passed on to third parties.
16. Final provisions
The contracting parties agree that this contract is conclusive and that no other agreements, including oral agreements, have been made.
Amendments and additions to the agreement must be made in writing to be effective.
The place of performance and jurisdiction for all disputes arising from and in connection with this agreement shall be the registered office of the consultant, provided that the client is a merchant, a legal entity under public law or a special fund under public law.
Should any provision of this agreement be or become invalid in whole or in part or should the agreement be incomplete, the remaining content of the agreement shall not be affected. The contracting parties undertake to replace the invalid provision with a provision that comes as close as possible to the meaning and purpose of the invalid provision in a legally effective manner.
17. Right of withdrawal for consumers
The following right of revocation applies only to consumers within the meaning of § 13 BGB and therefore does not apply to contracts concluded with BIZAGILITY.DE by entrepreneurs within the meaning of § 14 BGB in the course of their commercial or independent professional activities.
| Cancellation policy
Right of withdrawal Private customers have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must, BIZAGILITY.DE by means of a clear statement (eg a letter sent by mail or e-mail) inform us about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the revocation If you withdraw from this contract, we must refund all payments we have received from you, including any delivery costs incurred, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you have requested that the service should begin during the cancellation period or if the service you have booked begins during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the service already provided up to the point in time at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the service provided for in the contract. |
| Sample cancellation form
(If you want to cancel the contract, please fill out and return this form). To BIZAGILITY.DE I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service Ordered on Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only in case of notification on paper) Date _________________ (*) Delete as applicable. |
