1.1 These General Terms and Conditions of Business (GTC) shall be applicable to all our business relations with our customers. The GTC shall be applicable only if the customer is an entrepreneur(sec. 14 BGB / German Civil Code), a public-law juristic person or a special fund under publiclaw.
1.2 Our GTC shall be applicable on an exclusive basis. General terms and conditions of business of the customer deviating from, contrasting or amending our GTC shall become an integral part of the contract only and to the extent in which we gave our express consent to their applicability.
Individual agreements such as in framework agreements and details in our confirmation of ordershall have priority over these GTC.
3.1 We conduct, inter alia, consulting and training events as well as workshops for our customers(“Event”). Our performance consists of the conception, preparation and qualified implementation of the respective Events and the provision of the required materials.
3.2 Moreover, we provide coaching sessions for employees of customers aiming at the assessment, appraisal and optimization of the present job situation of the employees taking into consideration aspects outside the job, in particular such of a private nature.
3.3 Travel costs and expenses incurred by us for the provision of services are not included in the respective offer for the Event/coaching and will be charged separately as incurred.
3.4 Our offer does not encompass the costs for conference rooms, hotel/accommodation for participants, necessary licenses and conference technology, etc.
The organization of an adequate location (conference rooms, hotel/accommodation of the participants) and the required conference technology is provided by the customer. We will inform the customer of the requirements concerning the conference location and conference technology in the order confirmation concerning the Event/coaching.
5.1 As a rule, documents and materials each participant receives in an Event or within the framework of a coaching session shall be for his/her personal use only.
5.2 The distributed materials and documents are subject to copyright protection. Passing on to third andQFIVE T&C 042024parties or reproducing the materials and documents (including, but not limited to presentations, scripts, audio or video recordings of the Event or any other measure, any other videos made available, as well as other digital materials) or the public distribution or provision of such materialsand documents shall not be permitted unless with our consent given in text form.
6.1 The prices indicated in our offer shall be applicable.
6.2 Traveling costs and other expenses shall be recharged further without any extra charge.
6.3 All indicated prices are subject to the addition of the statutory value added tax as applicable from time to time.
6.4 For the binding booking of an Event or coaching, a deposit of 50% of the agreed fee according to the offer (excluding travel costs and expenses) will be charged after the order confirmation has been issued. This is due for payment immediately.
6.5 For Events and other non-recurring appointments, the final invoice is issued after the Event has been held. For consulting projects and employee coaching, invoices are issued monthly. These invoices are due for payment without deduction within 30 days of the invoice date.
6.6 Any retention of the remuneration and any set-off shall only be permitted in connection with acknowledged and finally established claims of the customer.
7.1 If the customer should be forced to cancel an already booked Event, the customer shall inform usthereof without undue delay.
7.2 The following fees shall become due in case of cancelation of the booked Event:
• 1 to 10 days prior to the beginning of the Event: 100% of the agreed fee
• 11 to 20 days prior to the beginning of the Event: 75% of the agreed fee
• 21 to 30 days prior to the beginning of the Event: 50% of the agreed fee
• more than 30 days prior to the beginning of the Event: 25% of the agreed fee.
7.3 If the Event is postponed for more than 31 days prior to its beginning, there will be no fees.
7.4 If a booked coaching session is canceled up to 48 hours before the coaching session, no fees will be charged. In the event of a later cancellation, 100% of the agreed fee will be charged.
7.5 The customer will be charged all costs incurred for the preparation of the Event as of the binding placing of the order until the cancelation or postponement of the Event (e.g. traveling costs that are not reimbursable).
If the speaker/coach designated for the Event is prevented from providing the performance due to force majeure, sickness or other circumstances he/she is or we are not to be held responsible for, we will have the right to cancel the Event. Upon consultation with the customer, the Event may as well be rescheduled for an alternative date. Damage claims of the customer based on the postponement shall be excluded.
9.1 Our liability for all damages is excluded, unless the cause of the damage were to be attributable to intent or gross negligence on our part. Our liability for any simple and negligent breach ofmaterial contractual duties is limited to the compensation of the typically occurring damage.
9.2 Where our liability is excluded or limited, it shall also be applicable to the personal liability of our employees, legal representatives and agents with vicarious liability.
9.3 This exclusion of liability and the limitation of liability shall not be applicable to damages resulting from injuries with lethal consequences or resulting in physical disability or damage to health.
The customer agrees to being identified to the public as reference customer after the Event hasbeen performed with a brief description of the Event maintaining confidentiality pursuant to Section 11. The use of the customer’s logo requires a separate consent by the customer.
We as well as the speaker/coach we engage shall treat with strict confidence any information received in the context of the contractual cooperation.
12.1 These GTC and the contractual relationship between us and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the international uniform law(including U.N. Sales Law).
12.2 If the customer is a merchant (Kaufmann) according to German law, a public-law juristic person or a special fund under public law, the exclusive venue of court for all disputes resulting from the contractual relationship, directly or indirectly, shall be Munich, Germany. The same shall be applicable if the customer is an entrepreneur as defined in sec. 14 BGB. In all cases, we have the right to file a lawsuit at the place of performance or the customer’s general place of jurisdiction.Overriding statutory regulations, in particular such concerning exclusive competences, shall not be affected.
13.1 No oral collateral agreements have been made.
13.2 If any of the provisions of these GTC or individual agreements made additionally should be or become invalid, as a whole or in part, that shall not affect the validity of the remaining provisions.