Terms and Conditions of Business of go! Akademie für Führung und Vertrieb GbR
1. Form of contract
- All contracts between the principal and go! Akademie für Führung und Vertrieb GbR concerning the services to be provided by both parties, as well as any alterations and/or additions to such contracts, require to be concluded in writing.
- In addition, go! Akademie für Führung und Vertrieb GbR’s present terms and conditions of business, which will be attached to the contracts, shall apply.
- In so far as agreed, go! Akademie für Führung und Vertrieb GbR’s present terms and conditions of business shall take precedence over any general terms and conditions of business of the principal to the contrary.
2. Services of go! Akademie für Führung und Vertrieb GbR
- go! Akademie für Führung und Vertrieb GbR shall provide its services itself, through employees and/or freelance contractors. The respective contract with the principal shall regulate the details.
- The scope, form, subject and aim of the services shall be laid down in detail in the respective contract between the principal and go! Akademie für Führung und Vertrieb GbR.
- go! Akademie für Führung und Vertrieb GbR shall in particular provide services in the form of consultancy, coaching and training seminars.
- In principle, attendees will not be assessed individually following seminars. Exceptions must be agreed in writing in advance.
3. Fees and expenses
- The introductory discussion with go! Akademie für Führung und Vertrieb GbR is free of charge.
- A daily fee shall be agreed for each day or part of a day of discussions, analyses, training preparation and any other tasks which are to be carried out together with the principal or any third parties.
- A daily fee or a flat-rate fee shall be agreed for seminars.
- In addition, and following consultation with the principal, a fee shall be charged for the use of technical assistants, multimedia shows, films, video spots, auditory case studies, etc.
- A surcharge of 25% will be added to the agreed fee for seminars taking place on a Saturday, a surcharge of 50% for those taking place on a Sunday.
- All services are charged exclusive of the statutory VAT, which will be added.
- An immediate deposit amounting to 30% of the seminar fee is to be paid upon seminars being booked. Seventy per cent of the seminar fee is due to be paid no later than three months prior to commencement of the seminar. In the event of registration at short notice, the amount shall be payable in full immediately.
- In the event of lectures being booked, an immediate advance payment of 100% of the fee is to be made, unless any other agreement applies.
- The agreed fees shall be increased by 5% p.a. (10% every two years).
4. Securing of the services
- The principal acknowledges go! Akademie für Führung und Vertrieb GbR's copyright in the works created by it (training documentation). The same shall apply to any audio or video recordings which form part of the training. Duplication/use and/or dissemination of the aforementioned works by the principal shall require go! Akademie für Führung und Vertrieb GbR's prior written consent.
- go! Akademie für Führung und Vertrieb reserves the right to compile audio and video recordings of the training carried out and utilise them in other media.
- The principal warrants that the works provided by it for carrying out the order do not contravene any copyrights and/or any other rights. The material prepared by go! Akademie für Führung und Vertrieb GbR will be provided to the attendees of the training seminar by the principal in accordance with the provisions of Clause 4.1.
- The principal shall at all times inform go! Akademie für Führung und Vertrieb GbR prior to and during the agreed training sessions of any circumstances which are of import for the preparation for and execution of the contract. A responsible contact person shall be named by the principal.
- Should the principal commission any third parties to carry out parts of the training plan and/or implement the order, go! Akademie für Führung und Vertrieb GbR is to be instructed to co-ordinate these orders, in order to achieve consistency in the conceptual and didactic requirements. Any third parties involved shall act as vicarious agents to go! Akademie für Führung und Vertrieb GbR, not as assistants.
- go! Akademie für Führung und Vertrieb GbR undertakes to maintain confidentiality concerning all procedures relevant to the business which have become known to it through co-operating with the principal, also following conclusion of the order.
- go! Akademie für Führung und Vertrieb GbR shall select the media producers, equipment manufacturers, seminar hotels and any other third parties which are utilised by go! Akademie für Führung und Vertrieb GbR to carry out the order. go! Akademie für Führung und Vertrieb GbR shall make its choice exclusively in the interests of carrying out the order to the best of its ability, and shall be exclusively liable for any faulty choices.
- go! Akademie für Führung und Vertrieb GbR shall be entitled to subsequently also offer its services to competitors of the principal, in so far as nothing to the contrary has been agreed.
- Should it not be possible for an appointment for the provision of services by go! Akademie für Führung und Vertrieb GbR to be kept due to Acts of God, illness, accident or any other circumstances which are beyond the control of go! Akademie für Führung und Vertrieb GbR, the organiser shall be entitled, under exclusion of any obligations to make compensation for damage, to appoint a substitute lecturer or specify an alternative date. Should it be necessary to cancel an event at short notice, there shall be no obligation on the part of the organiser to provide a substitute.
- Should a part of the amount of the invoice still be outstanding as at the seminar date, the attendee shall have no right to participate in the seminar. Enrolment is binding. It shall, however, be possible, at any time, to enrol an alternative person. It will be possible to specify an alternative person up to 10 days prior to commencement of the seminar, upon paying an administrative fee of € 25.00. Should cancellation be effected up to eight weeks prior to commencement of the seminar, 30% of the fee shall be due; thereafter the fee shall be due in full. In the event of the booking being changed to an alternative seminar, a fee of € 150.00 willl be charged.
5. Miscellaneous provisions
- Should any individual provisions of these General Terms and Conditions of Business of go! Akademie für Führung und Vertrieb GbR be or become invalid, the validity of the remaining provisions shall not be affected thereby. The parties shall thereupon implement the conditions with a valid alternative provision, which most nearly approximates the purpose intended with the provision that has lapsed.
- Exclusively German law shall apply to these provisions and their implementation.
- The exclusive place of jurisdiction for all claims arising from this contract between the principal and go! Akademie für Führung und Vertrieb GbR or from these terms and conditions of business shall, in so far as legally admissible, be the Head Office of go! Akademie für Führung und Vertrieb GbR. This shall likewise apply if
a) the principal has no general place of jurisdiction within the country or
b) following conclusion of the contract the principal moves its Head Office or usual domicile out of the scope of applicability of the code on civil procedure or its Head Office or usual domicile is not known on the date of the action being filed.