AGB
general conditions
Terms and conditions of Healthcare-Advice
1. Project subject and remuneration
1.1. The subject matter of the project results from the project description, as either set out in the project contract or in the project confirmation letter. In case of doubt, the project description of the project contract takes precedence when determining the project subject matter. (Specification book)
1.2. Unless a different fee is expressly agreed, the client owes the remuneration in accordance with these project and fee conditions in connection with the project offer.
2. Confidentiality
Healthcare Advice's duty of confidentiality is determined by the BDSG and, insofar as the project has a corresponding reference to it, by the professional regulations for doctors or pharmacists in Germany.
3. Collaboration
3.1. Appointments must be agreed upon together in a timely manner and, if possible, in writing. Other scheduling obligations of Healthcare-Advice and its project staff must be taken into account appropriately.
3.2. The client is obliged to always answer Healthcare-Advice's questions and requests for information carefully, comprehensively, completely and truthfully. If written documents or other documents exist, these Healthcare Advice must be made accessible.
3.3. The client is obliged to always inform Healthcare-Advice about any significant changes in the overall circumstances.
4. Use of emails
4.1. If the client provides Healthcare-Advice with one or more email addresses, the client agrees that information and documents will be sent to this email address(es). It also counts as notification of the email address if the client sends an email to Healthcare-Advice.
4.2. As long as the client does not provide Healthcare-Advice with a password, the client agrees that information may be transmitted by email, even for (co-)transmitted files, without the use of passwords.
4.3. Healthcare-Advice points out that absolute data security cannot be guaranteed when communicating over the Internet, including when using email, and assumes no liability that emails transmitted by it are free of viruses.
4.4. The client must ensure that he checks at sufficiently regular intervals whether he has received emails from Healthcare-Advice. If files cannot be processed by the client, in particular cannot be opened, Healthcare-Advice must be informed of this immediately. The risk of being able to open files lies with the client.
5. Liability and limitation of claims
The liability of Healthcare-Advice is based on the legal regulations and the specific regulations of the project contract.
6. Collaboration and assistance
6.1. Qualified employees or appropriately qualified third-party companies can be used for additional work.
6.2. Healthcare-Advice guarantees that the (freelance) employees comply with the obligation of confidentiality in accordance with the provisions of these terms and conditions.
6.3. If Healthcare-Advice uses third-party companies for data processing or as special specialists in the context of providing services, it will take appropriate measures to oblige them to comply with the obligation of confidentiality in accordance with the provisions of these terms and conditions.
7. Billing of additional costs, travel costs and similar expenses
7.1. Unless otherwise agreed in the project agreement and/or the supplementary fee agreement, the following provisions apply to additional costs:
7.1.1. Travel, material and additional costs incurred must be reimbursed upon proof.
7.1.2. Travel costs are to be reimbursed according to expenditure as follows:
- km billing according to the maximum tax rates
- Train journeys according to 1st class tariff; Any discounts received due to the use of a Bahncard will be passed on; having a Bahncard is not mandatory for Healthcare-Advice.
- Air travel for managing directors: business class, air travel for other employees; Economy class
- Overnight stays will be reimbursed for a hotel category **** plus a meal allowance of €45 per night
7.2. Research costs for proper project processing must be reimbursed after proof, but should be requested in writing from where.
8. Compensation, billing and rights to refuse performance
8.1. Healthcare-Advice is entitled to bill advance payments. The advance amount is a maximum of 30% of a phase. A phase is a subsection of an entire contract.
8.2. Healthcare-Advice is entitled to make interim invoices for each phase.
8.3. Healthcare-Advice is entitled to refuse to provide services until the advance payments have been settled or other payment arrears of the client for which there was a delay
9. Order Termination
9.1. The client can withdraw the order from Healthcare-Advice at any time with one month's notice to the end of the month, unless otherwise agreed in the project contract. In this case, the consequences of the German Civil Code (BGB) contract law apply, in particular Section 649 of the German Civil Code (BGB).
9.1.1 In this case, the advance payment will be retained and cannot be offset.
9.2. Healthcare-Advice can terminate the order at any time if it gives reasonable advance notice so that the client can obtain other advisory help with appropriate care and unless otherwise agreed in the project contract.
9.3. An extraordinary termination remains unaffected by paragraphs 1 and 2. Healthcare-Advice can, in particular, terminate extraordinarily and without notice,
if
9.3.1. the client withholds essential information from Healthcare-Advice for processing the order or even negligently informs Healthcare-Advice incorrectly
or
9.3.2. the client is/are in arrears with the payment of a fee or expense invoice for more than 4 weeks.
10. Consent to be named as a reference
10.1 The client allows the contractor to name the contractor as a reference customer to third parties - especially on the Internet.
10.2 This also includes the use of the company logo and a link to the client's website. If naming and publication is not desired, this must be communicated to the contractor in writing.
11. Publication as an example
11.1 After consultation, Healthcare-Advice can publish the order/project as an example on its website in short form. The client can object to this in writing.