Terms ans Conditions
- Due to our clients registering for our seminars through our website, "www.agile-moves.com", and due to registrations by other means (for example, via email or telephone), all of our products and services are exclusively subject to these Terms and Conditions. These Terms and Conditions apply to people who participate in our seminars within the course of their commercial or freelance professional activities.
- The client’s Terms and Conditions shall not apply, even if we separately disagree with their validity in individual cases.
- Contracts with clients are to be concluded in German.
- The seminar agreement made between the contractor and the client is a service contract, to the extent that we are merely obligated to provide the service agreed upon, and not bring about a specific result.
2. Conclusion of Contract by Registering on our Website and by Other Means of Registration
- By clicking on the "submit request" button on our website, "www.agile-moves.com", the client makes a binding offer. Without undue delay upon receipt of the order, we will send the client confirmation of having received the binding registration via email, which still does not constitute a contract. In addition to the registration confirmation, the client will simultaneously be sent the invoice and these Terms and Conditions. The agreement for participation in the seminar is not complete until the client has paid the seminar fee; the corresponding account number is shown on the invoice. Following payment, the client will receive confirmation of receipt of payment via email.
- For seminars that specify a maximum number of participants, the receipt of the seminar fee into our account determines the order of registration. In the event of a seminar overbooking, we will inform the client immediately. In this case, we have the right to offer an alternate date for participation in the seminar. Should the client decline the alternate date, then we have the right to withdraw from the contract and refund the client any seminar fee that has been paid.
- If the client registers in some way other than what is described in Para. 1 above (for example, by sending an email or by calling), it shall also constitute a binding offer by the client. In such a case, the registration will only become binding if the client receives a registration confirmation in accordance with Para. 1 above; all other provisions of this clause 2 shall apply accordingly.
3. Payment, Sales Tax, Discounts
- The prices and cancellation fees listed are subject to VAT.
- Discounts cannot be combined.
4. Service Content, Meals, Travel Expenses, Confirmation of Participation
- We are free to choose the design of the seminar. We reserve the right to change the content or the seminar process, insofar as the goal of the seminar is not fundamentally changed. In the event that the teacher listed on our website under the seminar description is absent, we are entitled to appoint another teacher with comparable qualifications.
- Unless otherwise indicated, the fee includes participation in the event and course materials.
- Unless explicitly mentioned in the course description, meals during a seminar are not included in the seminar fee. For certain seminars, we offer the option of booking meals during registration and against separate payment of costs.
- The client is responsible for travel costs and the cost of overnight stays; these costs are not included in the seminar fee.
- Every client fully participating in a seminar will receive confirmation of their participation in the form of a certificate.
5. Copyright of Course Documents, Resale, Retention of Title, Recordings
- Unless otherwise indicated, we guarantee that the course materials are free from the rights of third parties.
- Unless otherwise specified, the exclusive copyright of course materials, software, and other media provided for the seminar that was created by us and given to the client, lies with us. The customer is not authorized to use concepts and documents or other intellectual property belonging to us beyond the use stipulated in the contract. Any reproduction and/or distribution of the aforementioned work by the client requires our prior written consent.
- Insofar as we provide materials, they are limited to personal use by participants of the seminar. Other rights of use are not transferred. The provision of information to third parties, the transfer of documents to third parties, and the reproduction of documents are not permitted.
- Resale of course materials is not permitted.
- We reserve full ownership of all course materials until complete fulfillment of all of the client’s payment obligations.
- We may use photo, audio, and video recorded during the seminar for media and advertising campaigns. We will seek the appropriate approval prior to making recordings in which clients can be heard or seen.
6. Cancellation, Representation, Transfers
- The client can withdraw from the contract and cancel his participation in a seminar at any time in writing or via email. The client bears the risk of timely notification of the cancellation. If we receive the cancellation notice by no later than the end of the 29th calendar day prior to the start of the seminar, the customer will not incur any costs for the cancellation. Otherwise, the following penalties apply:
a) If we receive the cancellation notice at the beginning of the 28th calendar day prior to the seminar date, 50% of the net seminar fee is to be paid as a penalty by the end of the 15th calendar day.
b) If we receive the cancellation notice at the beginning of the 14th calendar day prior to the seminar date, 75% of the net seminar fee is to be paid as a penalty by the end of the 4th calendar day.
c) If we receive the cancellation notice within the last three (3) calendar days prior to the seminar date, the entire net seminar fee is to be paid as a penalty. The same applies in the event of non-attendance.
Example: If the seminar begins on the 30th of a given month, then the following cancellation deadlines and fees are in effect:
Upon receiving the cancellation notice at the beginning of the 27th calendar day of the month prior to the start of the seminar up to the seminar itself: 100% of the net course fee as a penalty;
upon receiving the cancellation notice at the beginning of the 16th calendar day of the month prior to the start of the seminar through the end of the 26th calendar day: 75% of the net course fee as a penalty;
upon receiving the cancellation notice at the beginning of the 2nd calendar day of the month prior to the start of the seminar through the end of the 15th calendar day: 50% of the net course fee as a penalty;
upon receiving the cancellation notice by the end of the 1st calendar day of the month prior the start of the seminar: no penalty fee.
- In place of himself, the client may appoint a representative as a participant at any time; this must be done in writing or via email. This will not result in any additional costs for the client. If the client has already paid the course fee, it will only be refundable if the proxy has paid the course fee; only upon payment of the seminar fee does the contract with the representative become valid; see section 2 Para. 1 of these Terms and Conditions.
- Provided the course fee for the first booked seminar has been paid, transfers to another seminar will result in cancellation of the first booked seminar.
7. Cancellation by the Contractor
- Due to an insufficient number of participants, we can cancel a seminar as early as possible, but by no later than one (1) week prior to the scheduled start of the seminar.
Example: If the seminar is held on 10th of a month, then we may cancel due to an insufficient number of participants up until the end of the 2nd day of the month.
- Furthermore, we can cancel a seminar without notice due to reasons for which we are not responsible, such as teacher illness, force majeure, etc. In such cases, participation fees that have already been paid will be refunded. The provisions of section 9 of these Terms and Conditions apply in the event of damages to the client through cancellation.
8. Data Protection
With regard to the provisions of the Federal Data Protection Act (§ 33 BDSG), we would like to inform the client that the storage and use of personal data is carried out in strict compliance with the Federal Data Protection Act. The data are used only for settlement and billing purposes.
- We are liable for damages under the law, only in accordance with the following provisions.
- We or our agents are only liable for property damage or financial loss caused by minor negligence in a breach of contractual obligation, but the amount is limited to foreseeable and typical contractual damages at the conclusion of the contract; material contractual obligations are those whose fulfillment shape the contract, and on which the client can rely. The limitation of liability on the part of the contractor does not apply to willful misconduct or gross negligence, for guaranteed qualities, due to injury to life; body; or health, or liability under product liability law.
10. Final Provisions
- In order to be valid, all changes and additions to this contract must be in writing. This also applies to changes to this written form clause.
- The contract is subject to German law, excluding the conflict of laws.
- Sulzbach-Rosenberg is designated as the sole place of jurisdiction.
- If any provision of these Terms and Conditions is invalid or becomes invalid, all other provisions shall remain in force.