1. Scope and Definitions
1.1.
These General Terms and Conditions apply exclusively to the business relationship between Alexander Zureck Coaching & Consulting (Owner: Alexander Zureck), Postbox 547832, 96035 Bamberg (hereinafter referred to as “PROVIDER”) and the recipient of the services (hereinafter referred to as “CUSTOMER”, together also referred to as the “PARTIES”), in particular with regard to contracts for consulting services and coaching in various areas (hereinafter referred to as “Services”).
1.2.
Conflicting, deviating or supplementary General Terms and Conditions of the CUSTOMER shall not become part of the contract unless the PROVIDER expressly agrees to their validity. These General Terms and Conditions shall also apply if the PROVIDER unconditionally performs services in the knowledge of conflicting terms and conditions or terms and conditions deviating from these General Terms and Conditions of the CUSTOMER.
1.3.
The contractual basis results from the individual agreement between the PROVIDER and the CUSTOMER (e.g. in the form of an offer) as well as the present conditions.
1.4.
The version of the PROVIDER’s General Terms and Conditions valid at the time the services are used shall apply.
1.5.
These GTC also apply to all future service relationships between the PROVIDER and the CUSTOMER (in connection with the offered service), without the need for explicit inclusion.
If the generic masculine is used in the following provisions, this is solely for reasons of simplicity, without any evaluation being associated with it.
2. Services
2.1.
The PROVIDER offers various services, in particular participation in coaching, consulting and seminars, which can take place in a multimedia, video-based, telephone and/or on-site format. Depending on the service package, the services are standardized and/or individualized and can be carried out individually or in groups and may include videos, audio recordings and/or online training courses. The specific scope of services results from the individual agreement between the PROVIDER and the CUSTOMER.
2.2.
The PARTIES agree that the PROVIDER expressly does not owe the CUSTOMER any specific quantitative and/or economic success.
2.3.
The provision of services by the PROVIDER is linked to the agreed dates. A transfer of the claim to services to a later date is excluded.
2.4.
The PROVIDER is entitled to use the help of third parties, in particular subcontractors, to fulfill individual or all contractual obligations.
2.5.
With regard to the content of a coaching, service, and/or consulting contract entered into with the PROVIDER, the PROVIDER has the right to determine performance in accordance with § 315 BGB [German Civil Code].
2.6.
If the services of the PROVIDER are offered and/or distributed by so-called resellers (e.g. Copecart, Digistore24, or similar), the present conditions shall take precedence.
3. Conclusion of contract
3.1.
The presentation of the services on the website, in social networks or in advertisements does not constitute a binding offer by the PROVIDER to conclude a contract. The CUSTOMER is merely requested to submit an offer.
3.2.
The contract between the PROVIDER and the CUSTOMER can be concluded remotely (in particular via video or video chat and/or telephone), in text form (in particular via e-mail) or in writing.
3.3.
In the case of contracts concluded remotely between the PROVIDER and the CUSTOMER, the CUSTOMER agrees that the PROVIDER may record the telephone call and/or video conference with the CUSTOMER for evidentiary and documentation purposes.
3.4.
The CUSTOMER expressly agrees not to pass on any login usernames, passwords, materials and links to which the CUSTOMER receives access under this contract to third parties.
4. Remuneration
4.1.
The respective remuneration applicable at the time of conclusion of the contract in accordance with the service description shall apply to the services, unless a deviating remuneration has been individually agreed. All prices are exclusive of VAT at the statutory rate.
4.2.
Unless otherwise agreed, the CUSTOMER is obliged to make advance payment. The agreed remuneration is due immediately upon conclusion of the contract and payable within 7 days.
4.3
If the CUSTOMER fails to perform a necessary act of cooperation and thereby prevents the provision of services by the PROVIDER, the PROVIDER’s claim for remuneration shall remain unaffected in any case. In this case, however, the PROVIDER must allow the deduction of that which he saves in expenses or fails to acquire.
4.4.
The CUSTOMER may only exercise or assert his right of set-off or right of retention with legally established or undisputed claims.
5. Delay
5.1.
Any deadlines for the provision of services by the PROVIDER shall in no case begin before the agreed remuneration has been paid in full by the CUSTOMER and all necessary acts of cooperation by the CUSTOMER have been fully performed.
5.2.
If the CUSTOMER is in default with due payments, the PROVIDER reserves the right not to perform further services until the due payments have been settled.
5.3.
The PROVIDER is entitled to terminate the contract for good cause pursuant to § 626 I BGB and to discontinue all services. An important reason exists in particular if the CUSTOMER is in default with an agreed installment payment with a due installment to the PROVIDER. The PROVIDER is entitled to claim the entire remuneration that would be due until the next ordinary termination date as damages. In this case, however, the PROVIDER must allow the deduction of that which he saves in expenses or fails to acquire.
6. Obligations of the PARTIES to carry out the agreed services
6.1.
The PROVIDER generally only provides all contractually agreed services from the time the contract is concluded.
6.2.
The CUSTOMER shall ensure that the PROVIDER has all the necessary information at all times that is required to achieve the best possible consulting result.
6.3.
The CUSTOMER must ensure that the technical requirements are in place to be able to fully use the offer. This concerns e.g. a sufficiently powerful internet connection, PC/notebook/smartphone, messenger services, etc. The PROVIDER is not responsible for any unavailability in this respect.
6.4.
The CUSTOMER is obliged to appear on time for all agreed consultation appointments (especially 1:1). The CUSTOMER must report delays immediately. If the PROVIDER incurs additional costs due to a delay caused by the CUSTOMER (e.g. due to delays in the PROVIDER’s workflow, fruitless expenses such as rental costs), the CUSTOMER shall bear these costs.
6.5.
The postponement of an agreed consultation appointment in advance requires the express consent of the PROVIDER in text form, which can only be granted subject to the PROVIDER’s availability and only with a lead time of at least three working days. Otherwise (especially in the event of cancellation by the CUSTOMER), the agreed consultation appointment will be cancelled without substitution.
6.6.
The PROVIDER is entitled to conduct appointments digitally (e.g. via Zoom, Teams, Skype, Teamviewer or the like) at any time.
7. Contract term
7.1.
The contract is concluded for the term agreed in the individual contractual agreement (initial term).
7.2.
Premature ordinary termination is excluded.
7.3.
The right to extraordinary termination for good cause remains unaffected.
8. Terms of payment
8.1.
Payment is possible via invoice, advance payment, credit card, Digistore and PayPal, among others.
8.2.
The PROVIDER is entitled to commission third parties with the processing of payments to the CUSTOMER. The CUSTOMER authorizes the PROVIDER to enter (payment) data for the CUSTOMER in its name.
8.3.
In the case of payment by direct debit, the CUSTOMER undertakes to grant the PROVIDER a (SEPA) direct debit authorization immediately after conclusion of the contract, but no later than within 7 days after conclusion of the contract.
8.4.
All billing modalities, in particular invoicing, are carried out electronically via the e-mail address provided by the CUSTOMER. The CUSTOMER expressly agrees to this. If the CUSTOMER wishes a different type of transmission (e.g. post), he shall bear the additional costs incurred for this.
9. Liability for damages
9.1.
The PROVIDER shall be liable, for whatever legal reason, within the scope of the statutory provisions only in accordance with the following regulations:
9.2.
The PROVIDER shall be liable without limitation for damages resulting from injury to life, body or health caused by intent or negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER shall be liable for damages based on intent or gross negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee or warranted characteristic given by the PROVIDER or due to fraudulently concealed defects.
9.3.
The PROVIDER shall be liable, limited to compensation for the typical foreseeable damage, for such damages that are based on a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
10. Data protection, confidentiality
10.1.
The CUSTOMER is informed that the PROVIDER collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data will be treated confidentially.
10.2.
The PARTIES undertake to treat as confidential the information from the area of the other party that becomes known to them in the course of the execution of the contract.
11. Copyright
11.1.
All content made available in the context of the fulfillment of the contract is protected by copyright.
11.2.
The CUSTOMER receives – a simple – right of use for the duration of the contract to use the contents. Any transfer and/or duplication of the contents is prohibited. In particular, the CUSTOMER is not entitled to make image, film or sound recordings of the course materials and/or live coaching sessions without the express permission of the PROVIDER. Any violation will be prosecuted and will lead to possible claims for damages.
11.3.
The CUSTOMER agrees that audio and video recordings may be made with the participation of the CUSTOMER, in particular of events, meetings, consultations, group calls and the like, including the participation of third parties, and may be evaluated by the provider without limitation in terms of time, location and content.
12. Right of withdrawal
The PROVIDER concludes contracts exclusively with entrepreneurs within the meaning of § 14 BGB, so that there is no statutory right of withdrawal.
13. General provisions
13.1.
The place of performance and exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is Gelsenkirchen.
13.2.
All disputes in connection with the use of the website shall be governed exclusively by the law of the Federal Republic of Germany, regardless of the legal basis, to the exclusion of all provisions of conflict of laws that refer to another legal system.
13.3.
The effectiveness of the remaining provisions of these General Terms and Conditions shall not be affected by the possible invalidity of one or more provisions of these General Terms and Conditions.
13.4.
The PROVIDER reserves the right to change these General Terms and Conditions at any time, unless the change is unreasonable for the CUSTOMER. For this purpose, the PROVIDER will notify the CUSTOMER in good time. If the CUSTOMER does not object to the new General Terms and Conditions within a period of two weeks after notification, the amended General Terms and Conditions shall be deemed accepted by the CUSTOMER.
Status: 29.08.2022