Terms and Conditions
Terms and Conditions
1) Subject of the Agreement
The consultant and the client enter into this agreement for counseling within the framework of sex counseling/therapy, systemic counseling/therapy, and couples counseling/therapy (hereinafter referred to as “counseling”). The goal of the counseling is to clarify specific concerns, develop solutions, and provide individual support based on discussions with the client. Sessions take place at the practice rooms of Praxis Weiße Villa in Hilden. Online sessions are also possible. The client agrees that these will be conducted via Zoom.
2) Counseling Fees and Payment Methods
The counseling fees depend on the type and duration of the session:
- Individual session on-site or online (60 minutes): €130 including 19% VAT.
- Couples session on-site or online (60 minutes): €195 including 19% VAT.
- Couples session on-site (90 minutes): €250 including 19% VAT.
Discounted package options are available upon request. Fees are due immediately and must be paid at the end of the session for in-person appointments. Payments can be made using all major cards, chip & PIN, contactless NFC payments, as well as Apple Pay and Google Pay. Clients attending in-person sessions receive their monthly invoices via email at the end of the month. For online sessions, payment must be received at least 48 hours before the session. The client will receive a payment link from the consultant via email in advance. Alternatively, bank transfers to the specified account are possible. Reimbursement through health insurance is not available.
3) Appointment Scheduling and Cancellation Policy
Appointments are individually arranged between the parties. Cancellations are free of charge up to 48 hours before the appointment (for Monday appointments, cancellations must be made by Friday at 12:00 PM) via email or phone. If a cancellation occurs after this period or the client does not attend the scheduled appointment, a cancellation fee of 50% of the session fee will be charged.
4) Termination of Collaboration
The collaboration between the client and the consultant can be terminated by either party at any time without stating reasons. Upon termination, the consultant retains the right to payment for all services provided, including outstanding cancellation fees, until full settlement has been made. There are no ancillary agreements to this contract. Any amendments must be in writing to the address provided below.
5) Counseling Success and Self-Responsibility
The consultant cannot guarantee the success of the counseling. The client acknowledges that the consultant acts to the best of their knowledge and ability, but success also depends significantly on the client’s active participation. The client assumes full responsibility for their mental and physical health during and between sessions. Decisions made following the counseling sessions remain within the client’s personal responsibility.
6) Health Condition
The client confirms that they do not suffer from any condition that would make counseling inadvisable or impair its effectiveness. If the client is already receiving psychotherapeutic or medical treatment, they are required to disclose this and discuss the benefits and risks with their respective healthcare providers.
7) Confidentiality
The consultant commits to confidentiality regarding all information obtained during the counseling process. A release from this confidentiality obligation requires the client’s written consent. Exceptions apply in cases where legal regulations require reporting, particularly in situations involving danger to life or physical safety.
8) Additional Notes
It is expressly stated that this counseling does not constitute medical treatment or psychotherapy as defined by the German Psychotherapy Act (PsychThG).
The use of the term “therapy,” such as systemic therapy, sex therapy, or couples therapy, refers to an in-depth counseling process in this context.
The consultant does not diagnose, conduct medical histories, prescribe medication, or promise healing.
Client data relevant to counseling sessions is collected and stored in compliance with data protection regulations. The current data protection information and client consent form are attached to the “Agreement for Collaboration.”
Clients are advised that no services provided in the practice or online replace medical treatment. Consulting a physician is recommended to rule out physical causes for complaints. The responsibility for this remains with the client.
The consultant regularly participates in case supervision (group or individual). The purpose of supervision is to reflect on counseling and therapeutic work to improve professional practice. During supervision, anonymized content from sessions may be discussed.
9) Jurisdiction, Liability, and Client Responsibility
The place of jurisdiction for all disputes arising from this agreement is Düsseldorf. The consultant is only liable for damages caused intentionally or through gross negligence. Liability is limited to the amount of the paid counseling fee.
10) Data Sharing with Third Parties
The consultant does not share personal data with third parties unless explicit written consent has been provided. As explained in the attached privacy policy of the “Agreement for Collaboration,” the consultant takes great care in handling client data. However, confidentiality and security cannot be guaranteed for third-party service providers (such as telephony, email, online calendars, video conferencing tools, accounting systems, payment providers, and cloud storage services).
Effective Date: January 1, 2025
General Terms and Conditions
for the provision of services by Praxis für Systemische Therapie und Beratung Nina Jares, Gerresheimerstraße 340, 40721 Hilden, Germany, E-Mail: mail@ninajares.de (hereinafter “Contractor”) to its clients (hereinafter “Client”)
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor with the inclusion of these GTC.
1.2 If, in addition to these GTC, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these additional contractual documents shall take precedence in the event of a conflict.
1.3 Deviating terms and conditions used by the Client shall not be recognized by the Contractor – unless expressly agreed otherwise.
2. Subject Matter of the Contract and Scope of Services
2.1 The Contractor, as a self-employed professional, provides the following services to the Client:
Systemic counseling and therapy (NOT PSYCHOTHERAPY)
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor provides the contractual services with the greatest possible care and diligence according to the most current standards, rules, and findings.
2.4 The Contractor is obliged to provide the contractual services. In performing the services, however, he is not subject to any instructions regarding the manner, location, or timing of the service provision. He will, however, schedule his workdays and time in such a way as to achieve optimal efficiency in performing his services and realizing the contractual purpose. The provision of services by the Contractor takes place solely in coordination and consultation with the Client.
3. Client’s Duty to Cooperate
It is the Client’s responsibility to provide all information, data, and other content necessary for service provision completely and accurately. The Contractor shall not be liable for delays or setbacks caused by late or insufficient cooperation by the Client; the provisions under “Liability/Indemnification” remain unaffected.
4. Remuneration
4.1 Remuneration is agreed individually (see above).
4.2 Payment is due after services have been provided. If remuneration is calculated by time intervals, it is payable at the end of each interval (§ 614 BGB). For effort-based billing, the Contractor is entitled, unless otherwise agreed, to invoice the services monthly.
4.3 The Contractor shall send the invoice to the Client by e-mail as a PDF. Payment is due within 7 days of receipt of the invoice.
5. Liability / Indemnification
5.1 The Contractor is fully liable for intent or gross negligence, for intentional or negligent injury to life, body, or health, due to a guarantee promise (unless otherwise regulated), or for mandatory liability. If the Contractor negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies as stated above. Essential contractual obligations are obligations that the contract imposes on the Contractor to achieve the contractual purpose, whose fulfillment enables proper execution of the contract, and on which the Client may regularly rely. Otherwise, liability of the Contractor is excluded. The above liability rules also apply to the Contractor’s vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor from any claims by third parties arising from the Client’s violation of these contractual terms or applicable law.
6. Contract Duration and Termination
6.1 The contract duration and periods for ordinary termination are agreed individually by the parties.
6.2 The right of both parties to terminate without notice for good cause remains unaffected.
6.3 The Contractor shall return or destroy all documents and other materials provided by the Client immediately after termination of the contract at the Client’s discretion. The Contractor is not entitled to assert a right of retention. Electronic data must be completely deleted. Exceptions apply to documents and data subject to longer statutory retention periods, but only until the end of the respective retention period. Upon request, the Contractor shall confirm in writing that the data has been deleted.
7. Confidentiality and Data Protection
7.1 The Contractor shall treat all information obtained in connection with the assignment strictly confidential. The Contractor shall impose this confidentiality obligation on all employees and/or third parties who have access to the contractual information. This obligation remains in effect indefinitely beyond the term of this contract.
7.2 The Contractor shall comply with all data protection regulations – in particular the GDPR and the Federal Data Protection Act – when performing the contract.
8. Final Provisions
8.1 German law applies, excluding the CISG.
8.2 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
8.3 The Client shall support the Contractor in performing the contractual services by providing reasonable cooperation as necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfill the contract.
8.4 If the Client is a merchant, a legal entity under public law, a public special fund, 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; exclusive jurisdictions remain unaffected.
8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or business strategy) with reasonable notice. Existing clients will be notified by e-mail at least two weeks before the changes take effect. If the client does not object within the period specified in the notification, consent to the change is deemed granted. If the client objects, the changes shall not take effect; in this case, the Contractor is entitled to terminate the contract extraordinarily at the effective date of the change. The notification shall indicate the period for objection and the consequences of objection or non-response.
9. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides an online platform for dispute resolution at: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court resolution of disputes from online purchase or service contracts involving a consumer. The Contractor is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.
The e-mail address of the Contractor can be found in the heading of these GTC.