Terms & CONDITIONS
Terms of Service
1. Terms and Conditions for seminars and consulting services
1. Object of the contract
1.1 The following general terms and conditions apply to all legal transactions of 4-advice GmbH, hereinafter “contractor” with its contractual partner, hereinafter “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 the contractor at 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 The contractor works as an independent entrepreneur for the client.
2.2 The contractor uses independent consultants to fulfill the contract. These are also active as entrepreneurs using their own company and an advertising presence.
2.3 The contractor can also use its own workers 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 Contract
3.1 The client provides the contractor with the data, information and facilities that are necessary for the successful and complete performance of the contractor’s service.
3.2 The contractor is entitled to refuse the implementation of the seminars or other services if there are substantial reasons. An essential reason exists in particular if, in the opinion of the consultant employed by the contractor, the training equipment or other circumstances, such as the composition of the group to be taught, endanger the successful implementation of the seminars.
4. Quality Requirement
The contractor’s consultants will carry out the services in a qualified professional, pedagogical and didactic manner. Insofar as the seminar services have to be provided with regard to software and hardware, the contractor ensures that the consultant employed is fully familiar with the latest program adjustments, functional expansions, and efficiency improvements in the hardware and software.
5. Cancellation Policy, 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 the contractor for 50% of the agreed remuneration. If a withdrawal occurs less than 8 days before the start of the seminar, the client must reimburse the contractor for the entire agreed remuneration.
6. Deliveries and services
6.1 The prices of the contractor are subject to change and non-binding until the conclusion of the contract and are subject to delivery by the contractor’s cooperation partners. A contract is only concluded with the written order confirmation or the order offer from the contractor, but at the latest when the customer accepts the delivery and service.
6.2 The Contractor expressly reserves the right to reasonable partial deliveries and their invoicing or to reasonable replacement deliveries and services.
6.3 The performance date is agreed according to the expected performance of the contractor and is non-binding and subject to timely delivery by the contractor’s cooperation partners and unforeseen circumstances and obstacles, regardless of whether they affect the contractor or the cooperation partner, in particular force majeure, government measures, Failure to issue official permits, labor disputes of any kind, sabotage, late delivery of materials through no fault of one’s own.
7. Compensation, Terms of Payment
7.1 The client pays the contractor 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, the contractor 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, the contractor 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 The contractor is entitled to offset payments against older debts of the client. If costs and interest have already arisen as a result of delay, the contractor 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 the contractor or not legally established is excluded.
7.5 Insofar as the above terms of payment are deviated from without a justifying reason, the Contractor can at any time optionally demand delivery step by step against cash payment, advance payment or security. All outstanding claims, including those for which the contractor has accepted bills of exchange or for which installment payments have been agreed, are due immediately.
7.6 The payment conditions granted are based on the credit limit assigned by the contractor for each individual order. If the credit limit currently set is exceeded, the contractor reserves the right to request the remaining order value in advance. In the event of a subsequent change in creditworthiness, the contractor is entitled to demand payment step by step against delivery or appropriate security 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. The contractor is therefore not liable in particular for damage, lost profits or other financial losses of the client.
8.2 This exemption from liability does not apply if the damage was caused intentionally or through gross negligence.
8.3 If the Contractor negligently violates an essential contractual obligation, the Contractor’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 liability on the part of the contractor is excluded or limited, this also applies to the personal liability of employees, employees, employees, representatives and vicarious agents.
9. Confidentiality, Customer Protection
9.1 The client will only use trade secrets, documents, experience and knowledge of or about the contractor and their partners and customers to achieve the service contractually owed to their customers and treat them as strictly confidential towards third parties. This obligation remains even after termination of the contract.
9.2 The client must maintain the strictest secrecy with regard to all information about the contractor that is not contained in the official advertising documents, announcements or in the media of the contractor.
9.3 The client undertakes to keep all documents and materials and data carriers made available to him by the contractor 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 the contractor immediately and without being asked. A right of retention does not exist in this respect.
9.5 The client undertakes not to do any direct or indirect business with the consultants for a period of two years after the end of the contract who previously worked on behalf of the contractor and with whom the client got to know through the contractor. This customer protection clause also applies to all pre-business measures.
9.6 This customer protection clause supplements any existing customer protection clauses between the parties.
9.7 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) shall be payable to the contractor for each breach.
9.8 The client grants the contractor the right, for the purpose of customer protection, to have a lawyer, auditor or tax consultant inspect his bookkeeping if there is reasonable suspicion.
10. Jurisdiction, place of performance
10.1 If the customer is a merchant or has no place of jurisdiction in the Federal Republic of Germany, Bonn is agreed as the place of jurisdiction.
10.2 The place of performance is online via video conference and digital collaboration, Bonn or at the client’s location or a mixture of the three options.
10.3 Duty to provide information in accordance with the Consumer Dispute Settlement Act (§ 36 VSBG): The contractor is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
11. Miscellaneous Provisions
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 client is not entitled to assign his claims from the contract.
11.3 The law of the Federal Republic of Germany applies.
11.4 The order processing takes place within the contractor with the help of automatic data processing. The customer hereby gives the contractor his express consent to the processing of data that has become known in the context of contractual relationships and is necessary for order processing.
As of December 1, 2021