General Terms and Conditions

(1) These General Terms and Conditions (“Terms”) apply to all contracts for the services described in § 2 between

Nick Schäfer, trading as “Nick’s Advisory”
An der Mannsfaust 9, 60599 Frankfurt am Main, Germany
Email: nick@nicksadvisory.com

(hereinafter “Provider” or “I”) and its clients (hereinafter “Client” or “you”).

(2) These Terms apply only to businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. A business (Unternehmer) is a natural or legal person or a partnership with legal capacity that, when concluding a transaction, acts in the exercise of its trade, business or profession. These Terms do not apply to consumers (§ 13 BGB). If, in an individual case, a consumer concludes a contract with me, the individual contract and the statutory provisions apply; the withdrawal notice explains the statutory right of withdrawal.

(3) Deviating, conflicting or supplementary terms of the Client, such as purchasing conditions, do not become part of the contract unless I expressly agree to them in text form.

(4) Contracts concluded before 23 September 2026 are governed by the version of these Terms that applied when the contract was concluded. On request to nick@nicksadvisory.com, I will send you that version by email.

(1) I provide consulting and support services in human resources for companies, in particular HR interim management, fractional HR (part-time HR leadership), the introduction of AI in HR teams, HR projects and outplacement.

(2) The nature, scope, remuneration, term and process of the services follow from my offer in text form or from the individual contract.

(3) Free offers, such as the initial call and the templates, guides and calculators on the website, are provided on a voluntary basis. There is no legal entitlement to them; I may discontinue or change them at any time.

(1) The presentation of my services on the website, inquiries via forms and the initial call are non-binding; they do not form a contract.

(2) After the initial call you receive an offer in text form, usually by email. The contract is formed when you accept the offer in text form or when we conclude an individual contract.

(3) Individual agreements in the offer or in the individual contract, including framework agreements and data processing agreements, take precedence over these Terms (§ 305b BGB). These Terms apply supplementarily insofar as nothing else is agreed there.

(1) Remuneration, invoicing and payment terms follow from the offer or the individual contract.

(2) In the event of late payment, the statutory provisions apply. I am entitled to suspend performance as long as due payments remain outstanding.

(1) My services are services within the meaning of §§ 611 et seq. BGB unless expressly agreed otherwise in the offer or in the individual contract. What is owed is the careful performance of the agreed services to the best of my knowledge, based on my professional experience, not a specific outcome.

(2) Responsibility for business decisions in your company, for example on hiring, separations, pay or the use of software and AI tools, remains with you, even where I help prepare or implement them.

(3) I do not provide legal or tax advice, nor psychotherapeutic services. Where needed, I refer you to suitable specialists, such as lawyers or tax advisors.

(4) As part of outplacement services I do not provide job placement. I do not place employment relationships and do not send applications on behalf of the persons I support.

(1) My services build on your information and documents. You provide the information, documents and access required for the services completely, accurately and in good time, and respond promptly to queries and coordination requests, such as approvals.

(2) If the necessary cooperation is not provided, I may be unable to perform the dependent services, or only to a limited extent. Further statutory rights remain unaffected.

(1) Work results that I create for you as part of the engagement, such as concepts, policies, process descriptions or presentations, may be used by you without time limit for your own business purposes and edited for that purpose.

(2) Methods, templates, checklists and systems that I developed independently of the respective engagement and use in performing it remain my intellectual property. Sharing them with third parties outside your company or exploiting them commercially on their own is not permitted.

(1) I treat all information and documents received in the course of the cooperation, in particular trade and business secrets and personal data, confidentially and do not disclose them to third parties without your consent, unless required by law. This obligation continues after the end of the contract.

(2) Where I process personal data on your behalf for which you are the controller within the meaning of the GDPR, for example data of your employees in outplacement services, we conclude a data processing agreement under Art. 28 GDPR before the processing begins. It takes precedence over these Terms.

(3) Otherwise, the processing of personal data is governed by the Privacy Policy.

(4) Naming your company as a reference or presenting the engagement in a case study takes place only with your express consent and in the form agreed with you.

(1) I am liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee I have assumed.

(2) In the event of a slightly negligent breach of a material contractual obligation (an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely), my liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

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

(2) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes is Frankfurt am Main; otherwise, the statutory places of jurisdiction apply.

(3) The language of the contract is German, or English for English-language offers.

(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the applicable statutory rules.

This English version is a convenience translation. In case of any discrepancy, the German version prevails.