Terms & Conditions

Last updated: September 09, 2024

RISE Consulting
Rinke-Roessner, LLC  
651 N Broad St, Suite 201, Middletown,  
New Castle County, Delaware 19709, USA  
Contact:
info@risenowrise.com  
Website: www.risenowrise.com  
Managing Partner: Finn Ole Rößner  

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General Terms and Conditions for Business Clients

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§ 1 Scope of Application
 

1. These Terms & Conditions (T&Cs) apply to all contracts between RISE Consulting (Rinke-Roessner, LLC) and business clients concerning our consulting and coaching services.  
2. These T&Cs apply exclusively. Any conflicting or additional terms from the client are only valid if explicitly agreed upon in writing by us.  
3. No oral modifications to these T&Cs will be accepted unless agreed in writing by both parties.

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§ 2 Subject Matter of the Contract
1. RISE Consulting offers consulting and coaching services focused on business development, leadership, mindset coaching, and related advisory services. No guarantee of specific business outcomes is provided.  
2. Services are delivered primarily online unless otherwise agreed in writing.  
3. We reserve the right to determine the specifics of services based on reasonable discretion and individual agreements with the client.

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§ 3 Conclusion of Contract 
1. Our website, brochures, or advertisements do not constitute binding offers.  
2. Contracts can be concluded in writing, orally, or via electronic communication.  
3. A contract is considered binding once we confirm the client’s order via email or verbally during discussions, provided we acknowledge acceptance of the terms.

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§ 4 Service Provision 
1. We are entitled to provide partial services if reasonable for the client.  
2. The duration and scope of services will be agreed upon individually with each client.  
3. Services are delivered primarily online, and we are not responsible for technical issues on the client’s side (e.g., poor internet connection) that may impede service delivery.

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§ 5 Prices and Payment  
1. All prices are quoted in EUR and are net amounts, excluding any applicable taxes.  
2. Payment is due in full upon conclusion of the contract unless otherwise agreed.  
3. Payment methods include bank transfer or SEPA direct debit (where applicable). The client must provide a signed direct debit mandate for SEPA payments.  
4. In case of delayed payment, we reserve the right to suspend services until full payment is received.

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§ 6 Intellectual Property Rights  
1. All rights to materials, consulting deliverables, and other outputs remain with RISE Consulting until full payment is received.  
2. The client is granted a limited, non-exclusive, non-transferable license to use the materials strictly for internal business purposes.  
3. The client is prohibited from sharing, reproducing, or redistributing any materials provided without written consent from RISE Consulting. Any unauthorized use may result in legal action.  
4. The client agrees to indemnify RISE Consulting from any third-party claims related to intellectual property arising from their use of the materials.

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§ 7 Warranty and Service Performance 
1. We provide services to the best of our abilities, but do not guarantee specific business outcomes.  
2. We are not liable for the improper implementation of advice or recommendations provided during consultations. The client accepts responsibility for any business decisions made based on our consultations.  
3. We strive to meet agreed-upon deadlines and service levels but are not liable for delays caused by external factors beyond our control.

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§ 8 Client Responsibilities
1. The client agrees to provide truthful and accurate information necessary for RISE Consulting to deliver services effectively.  
2. The client must ensure that the required technical infrastructure (internet access, video conferencing tools, etc.) is available for online consultations.  
3. The client is responsible for the implementation of any strategies, advice, or recommendations provided during consultations.

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§ 9 Confidentiality  
1. Both parties agree to maintain confidentiality regarding any business or sensitive information shared during the consultation unless disclosure is required by law.  
2. RISE Consulting may disclose confidential information to subcontractors solely for the purpose of fulfilling the contract, provided they are bound by similar confidentiality agreements.  
3. The client agrees not to use any confidential information for competitive purposes or to solicit employees of RISE Consulting.

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§ 10 Liability  
1. We are liable for damages caused by intentional misconduct or gross negligence, in accordance with U.S. law.  
2. In all other cases, our liability is limited to foreseeable and typical damages. We are not liable for indirect, incidental, or consequential damages, including lost profits or business interruptions.  
3. RISE Consulting’s total liability for any claims related to this contract is limited to the amount paid by the client in the 12 months preceding the claim.  
4. We are not liable for any third-party claims resulting from the client's use of our materials or advice.

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§ 11 Termination  
1. Contracts are valid for the duration agreed upon at the time of contract formation.  
2. Either party may terminate the contract with immediate effect in the event of a material breach by the other party or in cases of insolvency.  
3. All terminations must be submitted in writing to be effective.  
4. Upon termination, the client agrees to settle any outstanding payments and immediately return all confidential materials. Fees for services rendered up to the date of termination are non-refundable.

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§ 12 Force Majeure 
1. Neither party will be liable for any delay or failure to perform obligations under this contract if such delay or failure is due to circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, governmental restrictions, or other emergencies.  
2. Both parties agree to make reasonable efforts to resume performance as soon as possible in the event of a force majeure.

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§ 13 Dispute Resolution 
1. In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation.  
2. If the dispute cannot be resolved, the parties agree to submit the matter to binding arbitration under the rules of the American Arbitration Association. Arbitration will take place in Delaware, USA.  
3. Any disputes not resolved through arbitration will be subject to the jurisdiction of the state or federal courts in Delaware.

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§ 14 Governing Law  
1. These T&Cs are governed by the laws of the state of Delaware, USA.  
2. Any disputes arising from this contract will be governed by Delaware law and resolved in the state or federal courts located in Delaware.

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§ 15 Amendments to the Terms  
1. RISE Consulting reserves the right to amend these T&Cs at any time.  
2. Any changes will be communicated to the client in writing, and continued use of our services following any amendment will constitute acceptance of the updated terms.

Contact Us

If you have any questions about these terms, You can contact us:

  • By email: info@risenowrise.com