Terms & Conditions
Last updated: August 2026
1. Scope
These Terms & Conditions apply to all mentoring, coaching, and interim sales leadership services provided by Dieter A. Schmitz, DAS Mentoring, Wüstweilerstraße 15, 52353 Düren, Germany ("Provider") to its clients ("Client").
These Terms apply exclusively to businesses acting in the exercise of their commercial or independent professional activity (B2B). The Provider does not offer services to consumers within the meaning of German law (§ 13 BGB).
Deviating terms of the Client do not become part of the contract unless the Provider expressly agrees to them in writing. These Terms also apply to future engagements of the same kind between the parties.
2. Formation of Contract
Offers made by the Provider are non-binding. A contract is formed upon written confirmation by the Provider (email is sufficient) or upon commencement of the first service. Verbal side agreements require text form (email or written confirmation) to be valid.
3. Scope of Services
The Provider delivers mentoring, coaching, and interim sales leadership services to the best of its knowledge and ability. This is a service agreement (Dienstvertrag under German law, § 611 BGB), not a contract for a specific work product or guaranteed result. The Provider is obligated to the diligent performance of the agreed services, not to a specific business outcome such as guaranteed revenue or deal closure.
The exact scope of services is set out in the individual program description or proposal agreed with the Client.
4. Fees and Payment Terms
All prices are quoted as final prices without VAT, as the Provider qualifies as a small business under § 19 (1) of the German VAT Act (Kleinunternehmerregelung) and does not charge VAT.
Unless otherwise agreed, invoices are due within 7 days of the invoice date without deduction. Where installment payment has been agreed, the applicable payment schedule forms part of the contract.
5. Contract Term and Early Termination
Engagements are generally agreed as fixed six-month terms. Both parties commit to the full term; there is no general right to terminate early for convenience.
If the Client falls into payment default and fails to settle outstanding invoice(s) despite a reminder with a reasonable grace period, the Provider is entitled to terminate the engagement with immediate effect. In this case, the Client remains liable for all fees due under the agreed contract term, in addition to any outstanding amounts already invoiced for services rendered. Payments already made will be credited against amounts owed.
The right of either party to terminate for good cause (wichtiger Grund) under German law remains unaffected.
6. Client Cooperation
The success of the mentoring engagement depends significantly on the Client's active cooperation. The Client provides necessary information, documents, and access in a timely and complete manner. Delays resulting from the Client's lack of or delayed cooperation are not attributable to the Provider.
7. Liability
The Provider's liability is unlimited in cases of intent and gross negligence, as well as for culpable injury to life, body, or health.
For slightly negligent breaches of material contractual obligations (cardinal obligations — obligations whose fulfillment is essential to the proper performance of the contract), liability is limited to the foreseeable, typical damage at the time of contract formation. Beyond this, liability for slightly negligent breaches is excluded.
No liability is assumed for the business or economic outcome of measures developed and implemented as part of the mentoring engagement.
8. Confidentiality
Both parties will treat all business and operational information exchanged in the course of the mentoring engagement as confidential and will not disclose it to third parties without the other party's consent. This obligation does not apply to information that was already publicly known, already known to the receiving party, lawfully obtained from a third party, or required to be disclosed by law.
9. Intellectual Property
All materials, templates, and documents provided by the Provider as part of the program remain the Provider's intellectual property and are licensed to the Client for internal use within their own business only. Redistribution, reproduction, or publication requires the Provider's prior written consent.
Work products created individually for the Client (e.g. strategy documents, sales materials specific to the Client's business) may be used freely by the Client for its own business purposes.
10. Data Protection
Personal data is processed in accordance with the Provider's Datenschutzerklärung (Privacy Policy), which governs data processing under EU/German data protection law regardless of the language of this contract.
11. Final Provisions
This contract is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Where the Client is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this contract is Düren, Germany. The same applies if the Client has no general place of jurisdiction in Germany or if the Client's domicile or habitual residence is unknown at the time legal action is filed.
Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.