General Terms and Conditions (GTC) of EvoNTech GmbH Unternehmensberatung – as of 05.05.2025
1.1 The following General Terms and Conditions govern all legal transactions and contractual relationships between EvoNTech GmbH, Hubertusstraße 55, 82131 Gauting, Tel. +49 89 9789 3370, Email office@evontech.de (hereinafter referred to as "EvoNTech") and clients (hereinafter referred to as the "Contracting Partner").
1.2 Third parties may only assert claims arising from the agreement between EvoNTech and the Contracting Partner if this has been expressly agreed or arises from mandatory statutory provisions. With regard to such claims, these Terms and Conditions shall also apply vis-à-vis third parties.
1.3 Deviating general terms and conditions of the Contracting Partner shall have no validity.
2.1 The contracting parties agree to cooperate in accordance with the specific individual contractual agreement. An employment contract is not intended by the parties and shall not be established.
2.2 Unless otherwise agreed in an individual case, EvoNTech's activity consists of providing independent and instruction-free advisory services to the Contracting Partner. The Contracting Partner decides, under its own sole responsibility, on the timing as well as the type and scope in which the planning or measures recommended by EvoNTech, or coordinated with EvoNTech, are accompanied by the Contracting Partner. Should the need for additional or supplementary services arise, EvoNTech will draw the Contracting Partner's attention to this. Such an expansion of the engagement by EvoNTech also occurs where the Client requests or accepts the additional or supplementary activity.
2.3 The subject matter of the engagement is the agreed service, not a specific economic outcome. The engagement is carried out in accordance with the principles of proper professional practice. In connection with the services to be rendered, EvoNTech does not assume any management functions. EvoNTech is not responsible for the use or implementation of the results of the services rendered. EvoNTech is entitled to engage qualified experts in carrying out the engagement.
2.4 In performing its activities, EvoNTech relies on the information communicated by the Contracting Partner, the documents made available, and the figures transmitted as being complete and accurate.
2.5 The disclosure or presentation of EvoNTech's written work product or results to third parties requires EvoNTech's prior consent and shall take place solely in the interest of, and on behalf of, the Contracting Partner. This does not bring the third party within the scope of protection of the engagement between the Contracting Partner and EvoNTech. This also applies where the third party bears or assumes, in whole or in part, the remuneration for EvoNTech's activity on behalf of the Contracting Partner.
2.6 EvoNTech is free to also provide services to other clients.
3.1 The Client shall provide EvoNTech with the information and documents required for the performance of the engagement in complete and factually accurate form.
3.2 At EvoNTech's request, the Contracting Partner shall confirm the completeness of the documents submitted and of the further information as well as of the statements and explanations provided, in a written declaration formulated by EvoNTech.
3.3 If, after being requested to do so by EvoNTech, the Contracting Partner fails to perform, or fails to fully perform, the cooperation obligations incumbent upon it, EvoNTech is entitled, following prior written notice, to terminate the agreement without notice. In this case, EvoNTech may invoice the Contracting Partner either for the services rendered up to the time of termination or, alternatively, for the agreed or projected total remuneration, less any expenses saved as a result of the early termination of the agreement.
4.1 Unless otherwise agreed in writing in an individual case, EvoNTech's services are calculated and remunerated on the basis of EvoNTech's respectively applicable daily rates, plus expenses, travel costs, incidental costs, daily allowances, etc.
4.2 EvoNTech invoices the services rendered in accordance with the respective agreement set out in the corresponding proposal.
4.3 If requested interim payments or other invoices of EvoNTech are not settled, or not settled in full, EvoNTech is entitled to suspend further activities until the outstanding claim has been paid in full.
4.4 EvoNTech's time and fee estimates in relation to the performance of an engagement constitute a non-binding estimate, as the time required may depend on factors that EvoNTech is unable to influence.
4.5 If the projected time or fee volume is exceeded due to circumstances for which the Contracting Partner is responsible (e.g. insufficient cooperation on the part of the Contracting Partner), the resulting additional effort shall be remunerated in accordance with EvoNTech's respectively applicable daily rates. The same applies to overruns of up to 30%, insofar as they are due to other causes.
4.6 If the actual processing time exceeds the projected working time by more than 30%, the Contracting Partner, after being informed by EvoNTech, has the right to elect either to terminate the engagement and remunerate the services rendered up to that point on the agreed terms, or to continue the engagement and additionally pay for the excess working time on a daily-rate basis.
5.1 The remuneration agreed with EvoNTech consists of net prices, which are payable plus the statutory value-added tax applicable at the time.
5.2 EvoNTech's invoices are due, without deduction, within 5 calendar days of receipt, unless deviating terms have been agreed in the respective proposal.
5.3 If the Contracting Partner is a consumer, it falls into default of payment upon receipt of a reminder from EvoNTech, but at the latest 20 days after receipt of the invoice. In this case, default interest at the statutory rate is payable.
5.4 If the Contracting Partner is not a consumer, it falls into default upon expiry of the payment deadline. Following expiry of the payment deadline stated in the second reminder, EvoNTech is entitled to engage a debt collection agency. All costs thereof shall be borne by the Contracting Partner.
5.5 The Contracting Partner may only set off counterclaims that are undisputed or have been finally and bindingly established by a court; set-off is otherwise excluded. If the customer is not a consumer, it is only entitled to exercise a right of retention if its counterclaims have been finally and bindingly established by a court or are undisputed.
6.1 EvoNTech undertakes to maintain confidentiality regarding all facts that come to its knowledge in connection with the performance of the engagement, unless the Contracting Partner releases it from this obligation.
6.2 The duty of confidentiality does not apply where disclosure is required to comply with statutory obligations or statutory orders. EvoNTech is likewise released from the duty of confidentiality to the extent that it is obliged, under the terms of its professional indemnity insurance, to provide information and cooperation.
6.3 Disclosure of the business relationship to contractual partners of EvoNTech shall only take place with the customer's express written approval.
7.1 The Contracting Partner agrees that the exchange of data and information in the course of the cooperation with the Contracting Partner and with all project participants may also take place via unencrypted email. Should the Contracting Partner wish that data not be sent via unencrypted emails and email attachments, it shall notify EvoNTech thereof in writing – either for an individual case or generally. In that case, email attachments will then be sent encrypted, which the Contracting Partner can only open using a password. For data transmission both from the Contracting Partner to EvoNTech and vice versa, where encryption is desired, encryption and decryption methods must be used that can be applied using standard software (in particular Microsoft 365) without any additional installations.
7.2 EvoNTech is entitled, in the course of its activities, to collect by machine, process in an automated manner, and store the personal data of the Contracting Partner and its employees entrusted to it, and — within the scope of the subject matter of the engagement — to transfer such data, where applicable, to a service data center or other suitable third party for further processing on its behalf. Where third parties are engaged, EvoNTech shall ensure that they are bound by an equivalent duty of confidentiality.
7.3 The Contracting Partner is aware that the content of unencrypted emails, or their attachments, may possibly be read by unauthorized third parties. Nevertheless, the Contracting Partner consents to communication and to the transmission of documents by unencrypted email. Should the Client wish to use a different means of communication, it shall notify EvoNTech accordingly.
8.1 EvoNTech is no longer obliged to retain the documents handed over to it by the Contracting Partner for the purpose of rendering the owed services once three years have elapsed since the date of termination of the contractual relationship, or once six months have elapsed since a written request to the Client to collect the documents.
9.1 Oral or telephone information, advice, statements, or recommendations are given to the best of EvoNTech's knowledge and belief. However, these are only binding if confirmed in writing.
9.2 Liability or warranty for the success of measures recommended by EvoNTech is excluded. This also applies where EvoNTech accompanies the implementation of agreed or recommended plans or measures.
9.3 Provided the Contracting Partner is not a consumer, EvoNTech is liable only for intent or gross negligence. In terms of amount, liability is limited to the damage typically foreseeable. Claims relating to injury to life, body, or health are not subject to any limitation of liability.
9.4 EvoNTech's liability shall not apply if the damage incurred is attributable to incorrect or incomplete information or documents provided by the Contracting Partner. The same applies if circumstances giving rise to liability are not asserted by the Client to EvoNTech in writing within 14 calendar days of becoming aware of them.
10.1 The Contracting Partner shall refrain from anything that could jeopardize the independence of EvoNTech's employees. This applies for the duration of the contractual relationship, in particular to offers of employment or of the assumption of officer/board functions, and to offers to take on engagements for one's own account. The Contracting Partner accordingly undertakes not to poach, directly or indirectly, any employees of EvoNTech during the engagement or within one year following its termination. For each instance of a breach of this provision, the Contracting Partner undertakes to pay EvoNTech a contractual penalty in the amount of half an annual salary.
10.2 Should the performance of the engagement impair the independence of EvoNTech, of companies affiliated with it, of its network companies, or of companies associated with it, in other engagement relationships, EvoNTech is entitled to terminate the engagement for cause.
11.1 Insofar as EvoNTech is required to present results in writing in the course of processing the engagement, only such written presentation shall be authoritative. Drafts of written presentations are non-binding. Statements and information provided by EvoNTech outside the scope of the engagement granted are always non-binding.
12.1 Unless otherwise agreed, either contracting party may terminate the contractual relationship by ordinary notice, giving 14 days' notice to the end of a calendar month. To be effective, any termination must be made in writing.
13.1 The engagement granted to EvoNTech ends upon the rendering of the owed services. If EvoNTech notifies the Contracting Partner in writing that all owed services have been completed in full, the Contracting Partner may no longer demand the provision of further services unless it objects in writing to the incompleteness of the services rendered within four weeks of receipt of EvoNTech's written notice.
14.1 German law shall apply exclusively to all claims arising from or in connection with this contractual relationship.
14.2 Amendments or supplements to the engagement or to these General Terms and Conditions, with the exception of expansions of the engagement, must be made in writing to be effective.
14.3 The place of jurisdiction shall be the registered seat of EvoNTech. However, EvoNTech may also bring an action against the Contracting Partner at the Contracting Partner's general place of jurisdiction.
14.4 Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
14.5 Should a provision of the engagement be or become legally invalid, this shall not affect the legal validity of the remaining provisions of the engagement or of these Terms and Conditions.
Questions about these Terms and Conditions? Use our contact form or write directly to office(at)evontech.de.