General Terms and Conditions (GTC’s)
1. Subject of the contract
1.1. The following general terms and conditions apply to all legal transactions of Concept GmbH with its contractual partner, hereinafter referred to as “client”.
1.2. The subject of the contract is the provision of seminars, consulting and other services for the IT and non-IT area by consultants employed by Concept GmbH for the client. In particular, the seminar services do not include the preparation of the seminar rooms, the creation of handouts, exercises and other services that may be necessary and useful in order to achieve the objectives of the seminar. These services must be ordered separately.
2. Legal position of the contractual partners
2.1. Concept GmbH works as an independent entrepreneur for the client.
2.2. Concept GmbH uses independent consultants to fulfill the contract. These are also active as entrepreneurs using their own company and an advertising presence.
2.3. Concept GmbH can also use its own employees or employees to fulfill the contract.
2.4. The contracting parties are not authorized to act legally on behalf of the other contracting party, to make or accept declarations and/or to establish obligations or responsibilities for the other contracting party.
3. Execution of the contract
3.1. The customer provides Concept GmbH with the data, information and facilities that are necessary for the successful and complete provision of the service by Concept GmbH.
3.2. Concept GmbH is entitled to refuse the implementation of the seminars or other services if there are important reasons. An essential reason exists in particular if, in the opinion of the consultant employed by Concept GmbH, the training equipment or other circumstances, such as the composition of the group to be taught, endanger the successful implementation of the seminars.
The consultants from Concept GmbH will carry out the services in a qualified pedagogical and didactic manner. Insofar as the seminar services have to be provided with regard to software and hardware, Concept GmbH ensures that the consultant employed is fully familiar with the latest program adjustments, functional expansions, efficiency improvements in the hardware and software.
5. Default regulation, withdrawal
The client is entitled to withdraw from the order free of charge up to 6 weeks before the start of the seminar. If a withdrawal occurs up to 8 days before the start of the seminar, the client must reimburse Concept GmbH for 50% of the agreed remuneration. If a withdrawal occurs less than 8 days before the start of the seminar, the customer must reimburse Concept GmbH for the entire agreed remuneration.
6. Deliveries and Services
6.1. The prices of Concept GmbH are subject to change and non-binding until the conclusion of the contract and are subject to delivery by Concept GmbH’s cooperation partners. A contract only comes with the
6.2. written order confirmation or the order offer from Concept GmbH, at the latest, however, upon acceptance of the delivery and service by the customer.
6.3. Concept GmbH expressly reserves the right to reasonable partial deliveries and their invoicing or to reasonable replacement deliveries and services.
6.4 The performance date is agreed according to the expected performance of Concept GmbH and is non-binding and subject to timely delivery by the cooperation partner Concept GmbH and unforeseen circumstances and obstacles, regardless of whether these occur at Concept GmbH or the cooperation partner, in particular force majeure, state Measures, failure to issue official permits, labor disputes of any kind, sabotage, late delivery of materials through no fault of our own.
7.Remuneration, terms of payment
7.1. The client pays Concept GmbH the remuneration agreed in the individual order for the specified services. Value added tax and other statutory charges in the country of delivery as well as travel expenses, accommodation expenses and other expenses will be charged to the customer in accordance with the currently valid price list or in accordance with the individual order.
7.2. After the seminar has been held, Concept GmbH will invoice the client for the agreed remuneration. Payments are due 14 days after invoicing without any deduction. Checks are only accepted on account of performance. If the payment dates are exceeded, Concept GmbH is entitled to interest on arrears at a rate of 8 percentage points above the base interest rate in accordance with Section 247 of the German Civil Code without further reminders. The right to assert further damage remains unaffected.
7.3. Concept GmbH is entitled to initially offset payments against older debts of the customer. If costs and interest have already arisen as a result of default, Concept GmbH is entitled to offset the payment first against the costs, then against the interest and finally against the main services.
7.4. A set-off or the assertion of a right of retention due to counterclaims not recognized by Concept GmbH or not legally established is excluded.
7.5. Insofar as the above terms of payment are deviated from without a justifying reason, Concept GmbH can at any time optionally demand delivery step by step against cash payment, advance payment or security. All outstanding claims, including those for which Concept GmbH has accepted bills of exchange or for which installment payments have been agreed, are due immediately.
7.6. The granted terms of payment apply to the credit limit assigned by Concept GmbH for each individual order. If the current credit limit is exceeded, Concept GmbH reserves the right to request payment in advance for the remaining order value. In the event of a subsequent change in creditworthiness, Concept GmbH is entitled to demand payment step by step against delivery or corresponding security deposits and to withdraw from the contract in the event of non-performance.
8.1. Unless otherwise stated in these provisions, further claims by the customer – regardless of the legal grounds – are excluded. Concept GmbH is therefore particularly not liable for damages, lost profits or other financial losses of the customer.
8.2. This exemption from liability does not apply if the damage is caused by intent or gross negligence.
8.3. If Concept GmbH negligently breaches an essential contractual obligation, Concept GmbH’s obligation to compensate for property damage and personal injury is limited to the compensation paid by its liability insurance. In any case, the obligation to pay compensation is limited to the damage that was foreseeable at the time the contract was concluded.
8.4. Insofar as Concept GmbH’s liability is excluded or limited, this also applies to the personal liability of employees, workers, employees, representatives and vicarious agents.
9. Confidentiality, customer protection
9.1. The client will use trade secrets, documents, experience and knowledge of or via the service owed to Concept GmbH and its partners and customers and treat them as strictly confidential towards third parties. This obligation remains even after termination of the contract.
9.2. The customer must maintain the strictest secrecy with regard to all information about Concept GmbH that is not contained in the official advertising documents, announcements or in the media of Concept GmbH.
9.3. The client undertakes to keep all documents and materials as well as data carriers made available to him by Concept GmbH properly and secure against access by third parties.
9.4. After performance of the contractual services or after completion of the individual order, the client will return all documents, materials and information provided as well as copies thereof created within the framework of and in connection with the individual order to Concept GmbH immediately and without being asked. In this respect, there is no right of retention.
9.5 After the end of the contract, the client undertakes not to do any direct or indirect business with the consultants for a period of two years who have previously worked on behalf of Concept GmbH and who the client through Concept GmbH met. This customer protection clause also applies to all pre-business measures. 9.5. This customer protection clause supplements any existing customer protection clauses between the parties.
9.6. In the event of a breach of the above obligation from Section 1.5, a contractual penalty of EUR 50,000.00 (in words: fifty thousand euros) must be paid to Concept GmbH for each breach.
9.7. The client grants Concept GmbH the right, for the purpose of customer protection, to have a lawyer, auditor or tax consultant use the book inspection in his justified suspicion only to achieve the service contractually owed to his customers and to treat it as strictly confidential towards third parties. To have this bookkeeping taken.
10. Place of jurisdiction, place of performance
10.1. If the customer is a merchant or has no place of jurisdiction in the Federal Republic of Germany, Munich is agreed as the place of jurisdiction.
10.2. Place of fulfillment is Munich.
11.1. Additional agreements to this contract have not been made. Changes or additions must be made in writing to be legally effective.
11.2. The customer is not entitled to assign his claims from the contract.
11.3. The law of the Federal Republic of Germany. 11.4. The order processing takes place within Concept GmbH with the help of automatic data processing. The client hereby gives Concept GmbH his express consent to the processing of data that has become known in the context of contractual relationships and is necessary for order processing.