§ 1 Scope
(1) These General Terms and Conditions (hereinafter "Terms") apply to all contracts for services provided by Markus Bertan Unternehmensberatung, An der Alster 6, 20099 Hamburg (hereinafter the "Provider"), delivered under the CEORADAR brand.
(2) Services are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. They are not directed at consumers.
(3) Deviating or conflicting terms of the client shall not form part of the contract unless the Provider expressly agrees to their application in writing.
§ 2 Subject matter
(1) The Provider delivers competitive monitoring services. This includes ongoing observation and analysis of publicly accessible information about competitors designated by the client, with results provided in the form of regular reports, typically on a monthly basis.
(2) The specific scope of services — in particular the number of competitors monitored, selected monitoring areas, depth of analysis, and reporting frequency — is defined in the individual agreement or respective proposal.
(3) Only business advisory and analysis services are provided. Legal or tax advice is not part of the contract.
§ 3 Sources and lawfulness
(1) The Provider evaluates exclusively publicly accessible and lawfully obtainable information sources (e.g. websites, commercial and company registers, job portals, search engines, press, public platforms, and tender databases).
(2) The Provider does not obtain trade or business secrets, non-public data, or information in violation of applicable law.
§ 4 Conclusion of contract
(1) The presentation of services on the website does not constitute a binding offer, but an invitation to contact us. Binding proposals are prepared individually following an introductory call.
(2) The contract is concluded when the client accepts the individual proposal in writing or in text form.
§ 5 Client cooperation obligations
The client designates the competitors to be monitored and the desired focus areas, and provides the necessary information in a timely and complete manner. The client confirms that they are authorised to commission the services and that no third-party rights prevent this.
§ 6 Fees and payment terms
(1) Fees are charged on a time-and-materials basis as set out in the individual agreement. There are no fixed package prices; the fee depends on the scope and effort of the agreed services.
(2) Unless otherwise agreed, fees are due monthly in advance. All prices are exclusive of statutory VAT.
(3) Invoices are payable within 14 days of the invoice date without deduction.
§ 7 Term and termination
(1) Unless otherwise agreed, the contract is concluded for an indefinite period and may be terminated by either party with four weeks' notice to the end of a calendar month in text form.
(2) The right to extraordinary termination for good cause remains unaffected.
§ 8 Confidentiality
The Provider treats the engagement, information received, and reports produced as strictly confidential and does not disclose them to unauthorised third parties. A separate confidentiality agreement may be concluded upon request. The confidentiality obligation continues after the end of the contract.
§ 9 Usage rights
Reports produced under the contract are intended exclusively for the client's internal use. Disclosure to third parties or publication requires the Provider's prior written consent.
§ 10 Liability
(1) The Provider performs its services with the care of a prudent businessperson, based on publicly available sources at the time of research. No warranty is given for the completeness, timeliness, or accuracy of information originating from third parties.
(2) Reports serve as decision support. The Provider accepts no liability for business decisions taken by the client on the basis of the reports.
(3) The Provider is liable without limitation in cases of intent and gross negligence and for injury to life, body, or health. In cases of simple negligence, the Provider is liable only for breach of an essential contractual obligation (cardinal duty) and limited to the typical, foreseeable contractual damage. Any further liability is excluded.
§ 11 Data protection
The Provider processes personal data in accordance with the GDPR. Details are set out in the Privacy Policy.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising from this contract is — to the extent permitted by law — Hamburg.
(3) Amendments and supplements to the contract require text form. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.