Terms and Conditions of RI Innovation GmbH

Status: June 02, 2023

 

Depending on the type and scope of the assignment, the following terms and conditions apply in the order of precedence listed below:

These General Terms and Conditions (“GTC”) apply to declarations of intent, contracts and legal or similar acts, deliveries and other services of RI Innovation GmbH (Reimbursement Institute), Lehnengasse 20a. 18, 50354 Hürth, Germany, vis-à-vis its customers or registered users as well as unregistered users of the information available at https://reimbursement.institute / https://reimbursement.info / https://app.reimbursement.info. Counter-confirmations with reference to RI Innovation GmbH’s own terms and conditions of business and/or use are expressly rejected; these shall not become part of declarations of intent, contracts and legal transactions or actions similar to legal transactions if the application of deviating terms and conditions has not been expressly confirmed in writing by RI Innovation GmbH.

The GTC consist of the general provisions (I.) and the special provisions for management consultancy (II.).

The customer can access and print out the current version of the GTC at https://reimbursement.institute/en/terms-and-conditions/ or request them in writing by sending an email to info@reimbursement.institute.

 

General Terms and Conditions

I. General provisions

§ 1 General

(1) RI Innovation GmbH (Reimbursement Institute) expressly does not address its offers to consumers within the meaning of § 13 BGB (German Civil Code). This does not apply to orders for goods (see “General Terms and Conditions – Orders for Goods” below). By concluding the contract, the customer confirms that he is commissioning or acquiring the services to be provided by RI Innovation GmbH (Reimbursement Institute) or the documents produced by RI Innovation GmbH (Reimbursement Institute) for his commercial or freelance activity.

(2) Ancillary agreements must be agreed in writing; individual agreements always take precedence.

(3) The business relationship between RI Innovation GmbH (Reimbursement Institute) and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(4) The exclusive place of jurisdiction for all disputes arising from contracts with RI Innovation GmbH (Reimbursement Institute) is Cologne. RI Innovation GmbH (Reimbursement Institute) is also entitled to sue the customer at its general place of jurisdiction.

 

§ 2 Value added tax and payment

(1) Unless otherwise stated, the agreed fees or prices are net plus the statutory value added tax applicable at the time of invoicing.

(2) Unless otherwise agreed, customers’ payment obligations are due for payment within 14 days of invoicing. If a customer is in arrears with his payment obligations, RI Innovation GmbH (Reimbursement Institute) may demand compensation in accordance with the statutory provisions and/or withdraw from the contract.

(3) RI Innovation GmbH (Reimbursement Institute) shall always issue an invoice to the Customer, which shall be sent by e-mail in the form of a pdf file.

 

§ 3 Liability

(1) RI Innovation GmbH (Reimbursement Institute) shall be liable for material defects and defects of title in accordance with the statutory provisions.

(2) A customer may only assert claims for damages against RI Innovation GmbH (Reimbursement Institute) outside of liability for material defects and defects of title in the event of intent or gross negligence.

(3) Liability under the Product Liability Act and other mandatory statutory provisions shall remain unaffected.

 

§ 4 Offsetting and right of retention

(1) The customer shall only be entitled to set-off if the counterclaims of RI Innovation GmbH (Reimbursement Institute) are recognized or have been legally established. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

 

§ 5 Data protection

The customer is aware and agrees that the personal data required to process an order will be stored by RI Innovation GmbH (Reimbursement Institute) on data carriers and on the basis of our information on data protection. More about data protection

(1) If the customer also wishes to process personal data of third parties with our services, the customer alone remains the controller in terms of data protection law. We only process personal data as a processor in accordance with Art. 28 GDPR if the customer concludes an order processing contract with us. This order processing contract is not concluded automatically. We offer the customer the option of concluding an order processing contract via the user account.

(2) We would like to point out that we are generally unable to determine whether the customer is processing personal data. The customer is therefore obliged to provide us with the necessary information, in particular whether personal data of third parties is processed, for what purpose this data is processed and to which categories the personal data and the data subjects can be assigned. As long as we have not received an order processing contract with the necessary information from the customer, we assume that the customer does not process any personal data of third parties with our services, so that we do not take any measures based on data protection law.

(3) We would like to point out that, according to the current state of the art, there is still no all-encompassing protection in data protection for data transmission on the Internet. The customer himself is liable for the security and protection of the data he provides.

 

II. Special provisions – Management consultancy

§ 6 Commissioning, determination of order termination

(1) A binding contract is concluded when RI Innovation GmbH (Reimbursement Institute) receives a written order confirmation from the client. This is effected by RI Innovation GmbH (Reimbursement Institute) signing the previously prepared offer. Following this, the customer receives an order confirmation issued by RI Innovation GmbH (Reimbursement Institute). This defines the expected project times, the earliest possible start of the project and a deadline.

(2) The terms of reference, the procedure, the nature of the work results and the remuneration shall be set out in a written agreement between RI Innovation GmbH (Reimbursement Institute) and the Client. Changes, additions or extensions to the task, the procedure and the nature of the work results require a written agreement.

(3) The services of RI Innovation GmbH (Reimbursement Institute) have been rendered when the necessary analyses, the resulting conclusions and the recommendations have been prepared and explained to the client. It is irrelevant whether or when the client implements the conclusions or recommendations.

 

§ 7 Obligations of the customer

(1) The customer undertakes to support the activities of RI Innovation GmbH (Reimbursement Institute). In particular, the customer shall create, free of charge, all conditions in the area of its business sphere that are necessary for the provision of services.

(2) The customer undertakes not to employ or commission any employees or vicarious agents of RI Innovation GmbH (Reimbursement Institute) engaged in connection with the provision of consultancy services before the expiry of 24 months after the end of the cooperation.

 

§ 8 Obligations of RI Innovation GmbH (Reimbursement Institute)

RI Innovation GmbH (Reimbursement Institute) is obliged to treat information about the customer’s business and trade secrets confidentially and to have its employees or vicarious agents sign a corresponding declaration of commitment on request. If one of the employees or vicarious agents breaches this obligation, RI Innovation GmbH (Reimbursement Institute) shall fulfill any resulting obligation to pay compensation to the customer by assigning to the customer any recourse claims arising against the employee or vicarious agent.

 

§ 9 Protection of work results

The reports, plans, drafts, lists and calculations produced by RI Innovation GmbH (Reimbursement Institute) may only be used for the contractually agreed purposes. Any non-contractual use of these services, in particular their publication, requires the prior written approval of RI Innovation GmbH (Reimbursement Institute). This shall also apply if the service provided is not subject to special statutory rights, in particular copyright.