Terms and Conditions

Hawk Nexus GmbH
Bahnhofstraße 30
69509 Mörlenbach
Germany

§1 Scope

(1) These Terms and Conditions apply to all contracts between Hawk Nexus GmbH (hereinafter referred to as the "Provider") and its clients regarding consulting services in the areas of sales execution, sales strategy, and sales optimization.

(2) The services are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

(3) Deviating terms and conditions of the client shall only apply if their validity has been expressly agreed to in writing.

§2 Subject Matter of the Contract

(1) The Provider renders consulting services, in particular in the following areas:

• Sales execution consulting
• Development of sales strategies
• Analysis and optimization of sales processes
• Strategic consulting in the area of sales and growth

(2) The specific scope of services shall be determined by the respective offer or an individual agreement between the Provider and the client.

(3) The services constitute services under German law. A specific economic success is not owed.

§3 Conclusion of Contract

(1) The presentation of services on the website does not constitute a legally binding offer.

(2) A contract is concluded by:

• Acceptance of an offer
• Written agreement
• Electronic confirmation
• Verbal agreement (e.g. by telephone or video call)

(3) The Provider is entitled to document contract negotiations and consultation meetings for documentation purposes.

§4 Remuneration

(1) Remuneration shall be based on the respective agreed offer.

(2) All prices are exclusive of statutory value-added tax.

(3) Invoices are payable within 14 days without deduction unless otherwise agreed.

(4) The Provider is entitled to commence services only after receipt of payment.

§5 Client's Cooperation Obligations

(1) The client undertakes to provide all information and documents required for the performance of the consulting services completely and in due time.

(2) Delays or additional expenses resulting from insufficient cooperation on the part of the client shall not be to the detriment of the Provider.

(3) The client shall ensure that the transmitted data is accurate and complete.

§6 Performance of Services

(1) The Provider shall perform its services to the best of its knowledge and ability.

(2) Depending on the agreement, services shall be provided:

• Digitally (e.g. via video call, telephone, online tools)
• On-site at the client's premises
• Or in hybrid form (combination of digital and on-site services)

(3) The specific place of performance shall be determined by the respective agreement between the Provider and the client.

(4) The Provider is entitled to engage qualified third parties for the performance of its services.

§7 Processing and Exchange of Business Data

(1) In the course of the cooperation, it may be necessary for the client to provide operational and business-related data. This may include in particular:

• Business management evaluations
• Sales and revenue metrics
• Financial and business data
• Internal analyses
• Strategy documents
• Other business records

(2) Such data shall be used exclusively for the purpose of performing the agreed consulting services.

(3) The Provider undertakes to treat all business and trade secrets received in the course of the cooperation as strictly confidential.

(4) The processing of personal data shall additionally be governed by the Provider's Privacy Policy.

(5) The exchange of such data may in particular take place via:

• Electronic communication channels
• Cloud services
• Secure data rooms
• Digital collaboration platforms

(6) The Provider shall implement appropriate technical and organizational measures to protect such data.

§8 Protected Client Area

(1) For the performance of the consulting services, the client may be provided with a protected login area or a digital data room.

(2) In particular, the following functions may be provided through this area:

• Exchange of documents
• Provision of analyses
• Communication within the scope of the consulting services
• Upload and download of business data

(3) The client is obliged to keep access credentials confidential.

(4) The client shall be liable for activities carried out via its access credentials if such activities are attributable to culpable disclosure of the access credentials.

(5) The Provider is entitled to block access if there are indications of misuse.

§9 Rights of Use

(1) All content, strategies, analyses, and documents provided within the scope of the consulting services shall remain the intellectual property of the Provider.

(2) The client shall receive a simple, non-exclusive right of use for internal business purposes.

§10 Liability

(1) The Provider shall be liable without limitation in cases of intent and gross negligence, as well as for damages resulting from injury to life, body, or health.

(2) In the event of slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for the contract.

(3) In all other respects, liability shall be excluded.

§11 Contract Term and Termination

(1) The contract term shall be governed by the respective agreement.

(2) The right of either party to terminate for good cause without notice shall remain unaffected.

§12 Right of Withdrawal

The services are directed exclusively at entrepreneurs within the meaning of Section 14 BGB. Therefore, no right of withdrawal applies to consumers.

§13 Data Protection

Information on the processing of personal data can be found in the Provider's Privacy Policy on the website.

§14 Applicable Law

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

To the extent permitted by law, the place of jurisdiction shall be the Provider's registered office.

§15 Final Provisions

Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.