Silke Jandt
Terms & Conditions Consulting
for the provision of services by Mindflow Consulting FZCO, Silke Jandt, Building A1, Dubai Digital Park, Dubai Silicon Oasis, DDP, 00000 Dubai, UAE, email: hello @ silkejandt.com (hereinafter referred to as the “Contractor”) to its clients (hereinafter referred to as the “Client”)
1. General
1.1 These Terms & Conditions for the provision of services shall apply to all contracts concluded between the Client and the Contractor incorporating these Terms & Conditions.
1.2 Where additional contractual documents or other terms in text or written form become part of the contract alongside these Terms & Conditions, the provisions of such additional contractual documents shall prevail in the event of any conflict with these Terms & Conditions.
1.3 Any differing terms and conditions used by the Client shall not be recognised by the Contractor unless expressly agreed otherwise.
2. Subject Matter of the Contract and Scope of Services
2.1 The Contractor provides the following services to the Client as an independent contractor:
Psychological online consultation
2.2 The specific scope of services shall be agreed individually between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the greatest possible care and diligence, in accordance with the latest standards, rules, and professional knowledge available at the time.
2.4 The Contractor shall be obliged to provide the services contractually owed. However, in carrying out the services, the Contractor shall not be subject to instructions regarding the manner, place, or timing of the service provision. The Contractor shall independently determine the scheduling of working days and working hours in a manner that ensures optimal efficiency and proper fulfilment of the contractual purpose. The services shall be provided solely in consultation and coordination with the Client.
3. Client Cooperation Obligations
The Client shall be responsible for providing all information, data, and other content required for the performance of the services completely and accurately.
The Contractor shall not be responsible for delays or late performance resulting from delayed or insufficient cooperation or input by the Client. The provisions under the section “Liability / Indemnification” shall remain unaffected.
4. Fees and Payment
4.1 Fees shall be agreed individually between the parties.
4.2 Payment shall become due after the services have been rendered. Where remuneration is calculated according to time periods, payment shall become due after the expiration of each respective period. In the case of time- or effort-based billing, the Contractor shall be entitled, unless otherwise agreed, to invoice services on a monthly basis.
4.3 After the services have been provided, the Contractor shall issue an invoice to the Client by post or email (e.g. PDF format). Payment shall be due within 14 days of receipt of the invoice.
5. Liability / Indemnification
5.1 The Contractor shall be liable without limitation in cases of intent or gross negligence, intentional or negligent injury to life, body, or health, under any guarantee expressly assumed, or where mandatory statutory liability applies.
In the event of a negligent breach of a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and upon whose compliance the Client may regularly rely.
Any further liability of the Contractor shall be excluded.
The above limitations of liability shall also apply to the Contractor’s legal representatives and vicarious agents.
5.2 The Client shall indemnify and hold harmless the Contractor against all third-party claims arising from the Client’s violation of these Terms & Conditions or applicable law.
6. Contract Duration and Termination
6.1 The duration of the contract and ordinary termination periods shall be agreed individually between the parties.
6.2 The right of both parties to terminate the contract without notice for good cause shall remain unaffected.
6.3 Upon termination of the contract, the Contractor shall immediately return or destroy all documents and other materials provided, at the Client’s discretion. Any right of retention is excluded. Electronic data shall be permanently deleted.
Excluded from this obligation are documents and data subject to statutory retention obligations, but only until the expiry of the respective retention period. Upon request, the Contractor shall confirm the deletion in writing.
7. Confidentiality and Data Protection
7.1 The Contractor shall treat all information and processes becoming known in connection with the assignment as strictly confidential. The Contractor shall impose the same confidentiality obligations on all employees and/or third parties having access to contractual information.
The confidentiality obligation shall continue indefinitely beyond the duration of this contract.
7.2 The Contractor undertakes to comply with all applicable data protection regulations, in particular the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), when carrying out the assignment.
8. Final Provisions
8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.
8.2 Should any provision of these Terms & Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
8.3 The Client shall support the Contractor in the performance of the contractual services through reasonable cooperation where necessary. In particular, the Client shall provide all information and data required for the fulfilment of the assignment.
8.4 If the Client is a merchant, a legal entity under public law, a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the Contractor’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship, unless mandatory exclusive jurisdictions apply.
8.5 The Contractor shall be entitled to amend these Terms & Conditions for objectively justified reasons (e.g. changes in case law, legislation, market conditions, or business strategy) subject to reasonable notice.
Existing clients shall be informed by email no later than two weeks before the amendments take effect. If the existing client does not object within the period specified in the notification, their consent to the amendment shall be deemed granted.
If the client objects, the amendments shall not take effect. In this case, the Contractor shall be entitled to terminate the contract extraordinarily as of the effective date of the amendment.
The notification regarding the intended amendment shall inform the client about the objection period and the consequences of objecting or failing to object.
9. Consumer Dispute Resolution
The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Please refer to the heading of these Terms & Conditions for our email address.