// book_a_sprint

Start with a Sprint.

Four short steps. We've done the homework before we meet so Day 1 is real work. By the time you finish this form you'll have a Day 0 call booked, the NDA accepted, and the team ready.

1 of 4 · What do you need

What do you need?

Pick one. You can change direction at Day 0 if it turns out the other fits better.

Sprint — build a feature Two weeks. €6,250. You leave with one small, scoped feature live in production. Sprint — prove the plan Two weeks. €6,250. You leave with a tested prototype and a buildable plan any team could execute. Not sure yet — talk it through We'll pick the right path on the Day 0 call.

The paperwork.

Standard mutual NDA so you can share a codebase or roadmap without worrying, plus our terms of service. Both available to read in full and download.

// nda Mutual NDA (read in full) expand ↓

THIS AGREEMENT is made on the date you accept these terms.

BETWEEN

HORAK CONSULTING GMBH (All Shapes) incorporated and registered in Germany with Company Registration Number HRB 32350 — Augsburg 86179, whose registered office is at Thomastrasse 9A, Augsburg, 86179 Germany ("Horak Consulting"); and
YOU (the "Company"), as identified in the booking form to which this NDA is attached.

BACKGROUND

The Disclosing Party wishes to disclose certain Confidential Information to the Receiving Party, and wishes to ensure that the Receiving Party maintains the confidentiality of such Confidential Information. In consideration of the benefits to the Parties of disclosing and receiving the Confidential Information, the Parties have agreed to comply with the following terms in connection with the use and disclosure of Confidential Information.

IT IS AGREED AS FOLLOWS:

1. Definitions and Interpretation

"Agreement" — this agreement.

"Background IPR" — the Intellectual Property Rights of each Party created prior to the Commencement Date.

"Business Day" — any day from Monday to Friday other than a statutory or public holiday in Germany.

"Commencement Date" — the date of this Agreement as stated above, or, if earlier, the first date on which the Disclosing Party first disclosed Confidential Information to the Receiving Party.

"Confidential Information" — all confidential information (however recorded or preserved) disclosed or made available, directly or indirectly, by the Disclosing Party, its employees, officers, representatives, or advisers to the Receiving Party or its employees, officers, agents, or other representatives either before or after the Commencement Date including but not limited to: Intellectual Property Rights; the existence and terms of this Agreement; any information that would be regarded as confidential by a reasonable business person relating to the business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities of the Disclosing Party; the operations, processes, product information, know-how, designs, trade secrets or software of the Disclosing Party; and any information or analysis derived from the Confidential Information. It does not include any information that: is or becomes generally available to the public (other than as a result of its disclosure by the Receiving Party or its representatives in breach of this agreement); was available to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; was, is or becomes, available to the Receiving Party on a non-confidential basis from a person who is not bound by a confidentiality agreement with the Disclosing Party; was lawfully in the possession of the Receiving Party before the information was disclosed; the Parties agree in writing is not Confidential Information; or is developed by or for the Receiving Party independently of the information disclosed.

"Copies" — copies of Confidential Information including any document, electronic file, note, extract, analysis or other way of representing or recording and recalling information which contains, reflects or is derived from Confidential Information.

"Disclosing Party" — a Party to this Agreement which discloses or makes available directly or indirectly Confidential Information to the other Party.

"Foreground IPR" — Intellectual Property Rights created after the Commencement Date by either Party in connection with the Purpose or in conjunction with the other Party in connection with the Purpose.

"Intellectual Property Rights" — all rights, whether registered or unregistered, in any country or jurisdiction in patents, inventions, trade secrets and other rights in know-how, copyrights (including any extensions or renewals), rights affording equivalent protection to copyright, data, rights in database, registered designs, design rights, industrial designs and utility models, trademarks, trade names, trade dress, logos, domain names, business names relating to or owned by or licensed to the Disclosing Party and all registrations or applications to register any of the foregoing items.

"Party" — Horak Consulting or the Company; "Parties" means both.

"Purpose" — non-disclosure for all works discussed in the context of Horak Consulting GmbH.

"Receiving Party" — a Party to this Agreement which receives or obtains directly or indirectly Confidential Information.

2. Obligations of Confidentiality

As from the Commencement Date, the Receiving Party undertakes to comply with its duties and obligations under this Agreement and be bound by its terms in every way.

The Receiving Party agrees:

to hold the Confidential Information in strict confidence, to apply to such Confidential Information at least the same standard of care with which it treats its own proprietary and confidential information, and to refrain from using any Confidential Information for its own or any third party's benefit or in any other manner not authorised in writing by the Disclosing Party;
not to use or exploit the Confidential Information in any way except as is necessary for the Purpose;
not to disclose or make available the Confidential Information in whole or in part to any third party;
to inform anyone to whom it discloses Confidential Information that the information is confidential and procure that anyone to whom it discloses the information (other than as required by law) complies with the terms of this Agreement as if they were the Receiving Party;
to accept responsibility for any use or disclosure of Confidential Information in violation of the terms of this Agreement and to take such steps as may be required by applicable law to enforce this obligation;
to return to the Disclosing Party within 10 days of the conclusion of the Purpose all written and/or other materials containing Confidential Information provided by the Disclosing Party in the course of the Purpose if the Parties decide not to proceed further;
to limit the number of Copies as are strictly necessary for the Purpose and clearly mark all Copies as "confidential";
ensure that any Confidential Information and/or Copies supplied to it or made by it can be separately identified from its own information;
ensure that Confidential Information and/or Copies within its control are protected against theft or unauthorised access; and
to notify the Disclosing Party immediately (where it is legally able to do so) if requested or required to disclose any Confidential Information to a third party in connection with any civil or criminal investigation or any judicial or administrative proceeding.

The Receiving Party may disclose Confidential Information only to the extent required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, where legally permitted, it gives the Disclosing Party as much notice of such disclosure as possible.

Nothing in this Agreement shall operate to require the Receiving Party to accept receipt of Confidential Information.

3. Return of Confidential Information and Announcements

At the request of the Disclosing Party, the Receiving Party shall promptly: destroy or return to the Disclosing Party all documents and materials (and any Copies); erase all the Confidential Information from its computer systems; and certify in writing to the Disclosing Party that it has complied with these requirements. The Receiving Party may retain documents to the extent required by law and to the extent reasonable to keep evidence that it has performed its obligations under this Agreement.

If the Receiving Party develops or uses a product or process which, in the reasonable opinion of the Disclosing Party, might have involved the use of any of the Confidential Information, the Receiving Party shall, at the written request of the Disclosing Party, supply information reasonably necessary to establish that the Confidential Information has not been used or disclosed.

The Receiving Party shall not make any public announcement concerning this Agreement without the prior written consent of the Disclosing Party, except as required by law.

4. Ownership of Intellectual Property Rights

Each Party retains ownership of its own Background IPR and neither Party shall acquire any interest in the other Party's Background IPR by virtue of this Agreement.

All Foreground IPR shall be owned by Horak Consulting notwithstanding which Party created it, subject to Horak Consulting's and its designees' unrestricted use, and the rights of exploitation in such Foreground IPR shall be solely at Horak Consulting's discretion.

Each Party shall licence to the other Party such Intellectual Property Rights (including, but not limited to, the Background IPR and the Foreground IPR) as is necessary for the other Party to undertake the Purpose.

Termination or expiration of this Agreement shall not extinguish or affect any Intellectual Property Rights granted or established herein.

5. Indemnity

The Receiving Party shall (in addition to, and without affecting, any other rights or remedies that the Disclosing Party may have) indemnify the Disclosing Party and its respective officers, employees, advisers or agents from and against all actions, claims, demands, liabilities, damages, losses, costs, charges and expenses that may be suffered or incurred in connection with any breach or non-performance by the Receiving Party of any of the provisions of this Agreement.

6. Reservation of Rights and Acknowledgment

Subject to Clause 4, all Confidential Information shall remain the property of the Disclosing Party. No rights in respect of a Party's Confidential Information are granted to the other Party other than as expressly stated.

Except as expressly stated in this Agreement, no Party makes any express or implied warranty or representation concerning the Confidential Information.

The Receiving Party acknowledges that damages alone would not be an adequate remedy for the breach of any of the provisions of this Agreement. Accordingly, the Disclosing Party shall be entitled to the granting of equitable relief (including injunctive relief) concerning any threatened or actual breach.

The Receiving Party shall be liable to the Disclosing Party for the actions or omissions of the Receiving Party's employees, agents, officers, advisers and other representatives.

7. Term and Termination

If the Parties enter into a further agreement in respect of the Purpose, this Agreement shall automatically terminate where such agreement contains similar provisions.

Where the Parties do not enter into any further agreement or decide not to become involved in the Purpose, the obligations contained in this Agreement shall survive any termination or expiration.

8. Entire Agreement

This Agreement represents the entire agreement between the Parties with respect to the Purpose and supersedes and replaces all prior agreements on its subject matter. Nothing in this clause shall limit or exclude liability for fraud.

9. Notices

Any notice required or permitted to be given by either Party shall be in writing addressed to the relevant Party at the address or email set out in the booking form or otherwise notified in writing.

A notice sent by email shall be deemed served at the time of transmission, provided a confirmatory copy is sent by post within 24 hours.

10. Variation

No variation, modification or alteration of this Agreement shall be valid unless it is in writing and signed by or on behalf of each Party.

11. Assignment

Except as provided otherwise, no Party may assign, sub-contract, or deal in any way with any of its rights under this Agreement.

12. Severance

If any provision of this Agreement is declared invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid provision would be valid if some part of it were deleted, the provision shall apply with whatever modification is necessary.

13. Waiver

A failure to exercise a right or remedy under this Agreement shall not be treated as a waiver. All rights and remedies are cumulative.

14. No Partnership

Nothing in this Agreement establishes any partnership or joint venture between the Parties or authorises any Party to act as agent for the other.

15. Third Party Rights

A person who is not a Party to this Agreement will not have any rights under any term of this Agreement.

16. Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with German law. The courts of Germany shall have non-exclusive jurisdiction.

By submitting the booking form on this site you confirm that you accept these terms on behalf of the Company you represent, and that you are authorised to do so.

For Horak Consulting GmbH: Thomas Horak, duly authorised to sign for and on behalf of Horak Consulting GmbH.

// Horak Consulting GmbH — All Shapes Download .docx →

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