General Terms and Conditions (GTC)

Below you will find the terms and conditions of
Agilizer Academy GmbH Management: Finn Thieme
Unter den Linden 10 10117 Berlin
Phone contact: +49 (0) 9409 6749980
[email protected]

Commercial register: HRB215024B
VAT ID No.: DE329424869
agile-innovation-coach.com , agilizer-coach.de ,agilizer-academy.com

as of 13.11.2020.

Scope

All deliveries (sales contracts) and services (work, services and training) of Agilizer Academy GmbH are exclusively subject to the following General Terms and Conditions, unless an individual written agreement has been made. The terms and conditions shall also apply to all future business relations with the customer, even if they have not been expressly agreed upon again in each case. Different general or special terms and conditions of Agilizer Academy GmbH customers are only effective if they have been confirmed in writing by Agilizer Academy GmbH. The same applies to changes and amendments of these general or special terms and conditions of the customer.

Formation of the contract

The offers of Agilizer Academy GmbH are subject to change and non-binding, unless otherwise agreed in writing. A contract is only concluded with the written confirmation of the order by Agilizer Academy GmbH, at the latest, however, with the delivery to the customer (sales contract) or the commencement of the contractually agreed services (work, service and training services). Verbal promises, side agreements as well as other statements in brochures, price lists, advertisements etc., regardless if they were made verbally or via internet (e-mail), always require a written confirmation by Agilizer Academy GmbH to be binding.

Withdrawal from the contract

Agilizer Academy GmbH is entitled to withdraw from the contract in case of impossibility for which Agilizer Academy GmbH is not responsible, force majeure, strike, natural catastrophes etc., behavior of the customer contrary to the contract, in case of false information of the customer concerning the creditworthiness or in case of objectively missing creditworthiness, in case of unforeseeable or necessary and unreasonable expenses, as well as in case of obstacles which cannot be overcome. If Agilizer Academy GmbH withdraws from the contract for reasons the customer is responsible for or if the customer revokes the placed order, Agilizer Academy GmbH is entitled to claim reimbursement of expenses; in case of premature termination of a contract for work and services especially § 649 BGB (German Civil Code) applies.

Prices and terms of payment, default in payment, set-off

Unless otherwise agreed in writing, payments are due immediately without any deduction after receipt of invoice. The prices do not include the respectively valid legal value added tax. The prices resulting from the order confirmation of Agilizer Academy GmbH are ex Agilizer Academy GmbH headquarters Brunn/Regensburg. If no price is determined in the offer or the order confirmation, the Agilizer Academy GmbH list prices valid at the time of the conclusion of the contract shall apply. Other legal charges in the country of delivery, as well as packaging, transport costs, transport insurances and handling fees will be charged to the customer according to the respective Agilizer Academy GmbH order confirmation. If the payment dates are exceeded, Agilizer Academy GmbH is entitled to default interest in the amount of 8% per year above the respective base interest rate of the ECB according to § 1 Discount Rate Transition Act without further reminder. Agilizer Academy GmbH reserves the right to prove a higher damage caused by default. The customer can only set off undisputed or legally binding claims against claims of Agilizer Academy GmbH. The customer can only exercise a right of retention against counterclaims which are based on the same contractual relationship. In case of ongoing business relations each individual order or each individual service agreement shall be considered as a separate contractual relationship.

Limitation of liability

Agilizer Academy GmbH is liable without limitation for damages caused intentionally or by gross negligence, as well as in cases where liability is mandatory under the Product Liability Act for personal injury or property damage to privately used items: Agilizer Academy GmbH is furthermore liable without limitation for damages resulting from injury to life, body or health. Regarding damages caused by slight negligence of Agilizer Academy GmbH the following applies: In case of a violation of essential contractual obligations endangering the purpose of the contract, the liability of Agilizer Academy GmbH is limited to such damages, the occurrence of which Agilizer Academy GmbH could reasonably foresee at the time of conclusion of the contract. The liability for financial losses, e.g. loss of production and loss of profit, is limited by the general principles of good faith, e.g. in cases of disproportion between the amount of compensation and the amount of damage. If the liability of Agilizer Academy GmbH is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents. The liability for the recovery of data is excluded, unless Agilizer Academy GmbH caused their destruction intentionally or grossly negligent and the customer has ensured that these data can be reconstructed with reasonable effort from data material which is kept ready in machine-readable form. In any case the liability to pay compensation for property damage caused by Agilizer Academy GmbH is limited to the coverage of the business and product liability insurance of Agilizer Academy GmbH. Agilizer Academy GmbH will inform the customer about the corresponding coverage amount on request in each individual case. In case of cancellation of a seminar due to illness of the lecturer, as long as Agilizer Academy GmbH did not neglect to provide a substitute lecturer due to gross negligence or intentionally, as well as cancellations for which Agilizer Academy GmbH is not responsible or force majeure, the customer has no right to claim for the execution of the seminar. In these cases Agilizer Academy GmbH cannot be obliged to compensate travel and accommodation costs as well as loss of work. In case of events in rooms and on properties of third parties Agilizer Academy GmbH is not liable towards the participants in case of accidents and loss or damage of their property. The same applies for events held on the premises of Agilizer Academy GmbH, unless the damage was caused by Agilizer Academy GmbH or its employees intentionally or by gross negligence. For competing tort claims the regulations of this clause 10 apply accordingly.

Subcontractor

Agilizer Academy GmbH is entitled to have contractual obligations also partially performed by third parties as vicarious agents.

Consulting services

Agilizer Academy GmbH will provide consulting services within the time frames agreed upon in writing by qualified employees. As far as the consulting services are provided at the customer’s site, only Agilizer Academy GmbH is authorized to give instructions to its employees. Agilizer Academy GmbH reserves the right to select the employees who will provide the consulting services. Likewise, Agilizer Academy GmbH reserves the right to replace an employee by another employee with the necessary qualification at any time.

Duty to cooperate

The customer supports Agilizer Academy GmbH in the consulting services to be provided according to the agreement. Thereby the customer creates free of charge all conditions in the area of his business sphere, which are necessary for the proper provision of the consulting services. In particular, the customer shall: if necessary, provide working rooms for the employees of Agilizer Academy GmbH including the necessary work equipment for the fulfillment of the contract as needed and to a sufficient extent, name a contact person who is available to the employees of Agilizer Academy GmbH for information and questions etc. during the agreed working hours; this contact person is also authorized to make declarations with effect for the customer which are necessary as an interim decision in the context of the continuation of the contract, provide Agilizer Academy GmbH with all information and documents necessary for the fulfillment of the contract. If the customer omits or delays a cooperation which is incumbent upon him according to this or due to a separate agreement, Agilizer Academy GmbH can nevertheless demand the agreed remuneration for the consulting services not provided as a result, without being obligated to subsequent performance. If Agilizer Academy GmbH decides to provide the consulting services nevertheless, this shall only be done after a reasonable adjustment of the schedule.

Delay

If the customer is in delay with the acceptance of the consulting services or if he omits an obligation to cooperate, Agilizer Academy GmbH is on the one hand entitled to terminate the contract without notice. On the other hand, this does not affect his obligation to pay the agreed remuneration. Furthermore, the claims for compensation of possible additional expenses remain unaffected. If the consulting services cannot be provided for reasons Agilizer Academy GmbH is not responsible for, the agreed consulting period will still be charged. Something else applies if the customer can prove that the respective consultant of Agilizer Academy GmbH has been used elsewhere. This does not apply only if the customer cancels an agreed consulting service in time, i.e. at least 2 weeks before the agreed date in written form. If Agilizer Academy GmbH is in delay with the completion of the agreed consulting services, the customer is entitled to cancel the respective order after the unsuccessful expiration of a reasonable grace period granted to Agilizer Academy GmbH. Agilizer Academy GmbH does not assume any further liability in case of default, unless liability is mandatory in cases of intent or gross negligence.

Acceptance of work services

Work performances of Agilizer Academy GmbH have to be accepted by the customer in written form within 10 working days after notification of readiness for acceptance by Agilizer Academy GmbH. If the customer omits the written acceptance declaration towards Agilizer Academy GmbH, the work performance is considered as accepted according to the contract. Likewise, a work performance is considered as accepted according to the contract, if it is used productively by the customer. The acceptance of the services defined in the service description by the customer (AG) is done immediately after a corresponding notification by Agilizer Academy GmbH, usually on the first working day after completion of the commissioning. If the service of Agilizer Academy GmbH complies with the agreements according to the service description, the Customer declares the acceptance in written form immediately after successful acceptance test. If the customer refuses the written acceptance declaration to Agilizer Academy GmbH, the work, including partial services, shall be considered as accepted according to the contract upon commissioning by the customer.
An employee of Agilizer Academy GmbH is available for support during the acceptance test to an appropriate extent. Details of the acceptance inspection shall be mutually agreed upon in writing within a reasonable period of time prior to acceptance. If partial acceptances are agreed upon, they shall be performed after completion of corresponding project phases between the AG and Agilizer Academy GmbH. If the acceptance inspection is carried out together, the AG will keep a protocol. The AG will declare the acceptance in written form immediately after successful completion of the acceptance test. If the acceptance cannot take place twice because of an error in a program or in other services of Agilizer Academy GmbH, the AG can demand a compensation for delay for the time of delay of 0,5% per completed week, but in total not more than 5% of the remuneration of the part of the service which is in delay. At the same time the customer may withdraw from the contract after the expiration of a reasonable grace period granted to Agilizer Academy GmbH with the threat of refusal. Further claims are excluded. Acceptance by the AG means that the services owed by Agilizer Academy GmbH are essentially in accordance with the contract. The AG shall not refuse acceptance due to insignificant defects. Defects, which do not prevent acceptance, shall be recorded during the acceptance process on the acceptance protocol to be signed by both parties and shall be removed immediately by Agilizer Academy GmbH within the scope of the warranty obligation.

Rights to work results

Unless otherwise agreed in individual cases, Agilizer Academy GmbH grants the customer a non-exclusive, non-transferable and temporally unlimited right of use for internal use of work results that are created in the course of consulting.

Training services

The following training conditions apply to all training services and other events with training content. The services of Agilizer Academy GmbH are provided within the framework of standardized trainings in training centers (open trainings), online as e-learning, as customer-specific trainings (in-house trainings) in hotels, training centers or on the premises of the customer. These services are provided exclusively on the basis of the General Terms and Conditions. By registering for a training course, these terms and conditions are acknowledged.

Scope

All offers published on the company website are addressed to both private and commercial customers.

Conclusion of the training contract

The registration has to be made in written form or online via the homepage of Agilizer Academy GmbH. The registration becomes binding for Agilizer Academy GmbH with the issuance of a written confirmation of registration.

Training prices

The training price for open training courses is per person plus the applicable value added tax. A temporary participation does not entitle to a reduction of the seminar price. Agilizer Academy GmbH reserves the right to change contents of trainings, training materials, duration of trainings, venue as well as prices. Inhouse trainings are agreed upon individually with the customer and are basically subject to the regulations of these general terms and conditions as far as no other regulations are agreed upon individually. In addition to the prices agreed upon in individual contracts, the valid value added tax, if agreed upon in advance, the travel time, travel and hotel costs of the trainers can be charged. The only temporary participation or an incomplete occupancy of a seminar part does not entitle to a reduction of the agreed price.

Terms of payment and participation

The training fees are invoiced when the order is placed and are due immediately. The timely payment of the invoice before the start of the training is a condition for participation in the training. In the event of late payment, the registered participant may be excluded from participation in the training. The customer is not entitled to any claims due to this exclusion.

E-learning training

The subject of the service is the purchase of electronic training materials.

Access to the e-learning material

After booking the course, the customer receives the access data to the e-learning portal with the order confirmation. Access to the e-learning course is valid for six months. The data provided for access to the e-learning courses (user name and password) are confidential and may not be disclosed to persons other than the activated participant.

Rights and license of use

All rights to the e-learning courses (exploitation and property rights) remain with Agilizer Academy GmbH. Agilizer Academy GmbH grants the user a non-exclusive, non-transferable and time-limited right of use for the duration of the use.

Cancellation of an e-learning training

Cancellation of an e-learning training course is excluded after receipt of the usage data.

Cancellation, rebooking or non-participation in open training courses

Written cancellation of participation in a training up to 6 weeks before the start of the training is free of charge. In case of later cancellation or rebooking of the training, 50% of the training price will be due. No costs will be incurred if a substitute participant is registered. In case of non-participation without cancellation, the full training price will be due. If the cancellation means that the prerequisite for the free provision of products/services such as literature no longer applies, these will be invoiced to the customer retrospectively.

Cancellation or rebooking by the customer for in-house training courses

Cancellation or rebooking of an in-house training up to 4 weeks before the start of the training is free of charge. In case of a later cancellation or rebooking of the training, 50% of the training price will be due.

Cancellation of a training by Agilizer Academy GmbH

Agilizer Academy GmbH reserves the right to cancel the execution of a training for important reasons, especially in case of illness of the trainer or in case of occurrence of events that make the performance of the service technically or economically unreasonable for Agilizer Academy GmbH. In case of cancellation by Agilizer Academy GmbH, the customer will receive a credit in the amount of the already paid training fees. There are no further claims against Agilizer Academy GmbH, especially the reimbursement of costs due to loss of work or travel expenses.

Copyright

All training materials and presentations are protected by copyright and are intended exclusively for the personal use of the training participants. All rights, including the rights of reproduction of the seminar documents or parts thereof, are reserved by Agilizer Academy GmbH. No part of the seminar documents may be reproduced in any form or, in particular, processed, stored, duplicated, decompiled, reverse engineered, distributed or used for public reproduction using electronic systems without prior written consent of Agilizer Academy GmbH. Any software provided during the seminar may neither be taken nor copied partially or completely.

Registered trademarks

Agilizer Academy GmbH does not guarantee that the products, methods and other names listed in the training program are free of third party rights.

Goods orders

Conclusion of a contract for an order of goods, storage of the contract text
The presentation of the goods in our Internet store does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
The acceptance of the offer is made in writing or by sending an invoice or in text form or by sending the ordered goods. After the fruitless expiry of a period of four weeks, the offer shall be deemed to have been rejected.
Upon receipt of an order in our Internet store, the following rules apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store. The order process takes place in the following steps:

1. the desired product(s) are placed in the shopping cart
2. the information in the shopping cart is checked
3. the button “proceed to checkout” is pressed
4. the invoice details and the address information for the delivery are entered
5. the order is bindingly sent by confirming the terms and conditions and clicking on “send order”.

Before the binding sending of the order, the consumer can, by pressing the “back” button contained in the Internet browser used by him, after checking his details, return to the Internet page on which the customer’s details are recorded and correct input errors or cancel the ordering process by closing the Internet browser. We confirm receipt of the order immediately by displaying the order details and by sending an automatically generated e-mail. This does not constitute acceptance of the offer. The acceptance of the offer is made in writing, by sending the invoice, in text form or by sending the ordered goods.
Storage of the contract text for orders via our Internet store: We store the contract text and send you the order data and a link to our terms and conditions via e-mail. You can also view the terms and conditions at https://agilizer-academy.com/allgemeine-geschaeftsbedingungen/.

Prices, shipping costs, payments, due date

The stated prices include the statutory sales tax or show the value added tax and other price components. In addition, there are any shipping costs, which are also shown.
The consumer has the option of payment by invoice.
If the consumer has chosen payment by invoice, he undertakes to pay the purchase price no later than 14 days after conclusion of the contract. Only after receipt of the invoice amount, the order will be processed or shipped.

Delivery of the goods

Unless clearly stated otherwise in the product description, all items offered are ready for shipment. The processing of the delivery takes place after receipt of the invoice amount.
The risk of accidental loss and accidental deterioration of the sold item is also in the case of mail order purchase only with the handover of the item to the buyer.

Retention of title of the goods

We retain title to the goods until the purchase price has been paid in full.

Right of withdrawal

The right of withdrawal can be found separately on https://agilizer-academy.com/widerrufsbelehrung/ and is understood to be part of these GTCs.

Contract language

Only German is available as the contract language.

Warranty

As far as a program, device, system or service developed or delivered by Agilizer Academy GmbH is defective and the customer notifies Agilizer Academy GmbH in writing, Agilizer Academy GmbH will immediately correct the defect free of charge (rectification). If a rectification of errors is not possible or only possible with disproportionate effort, Agilizer Academy GmbH will offer an equivalent alternative, as far as economically justifiable. If Agilizer Academy GmbH is neither able to eliminate essential defects nor to offer an equivalent alternative within two reasonable grace periods set by the customer in written form, the customer may demand a reasonable reduction of the remuneration (abatement) or declare the cancellation of the contract (rescission).
The warranty period shall commence upon acceptance and shall end one year thereafter. Warranty rights of the customer are void, if defects are based on services or components of third parties or the customer himself, which have not been performed or delivered by Agilizer Academy GmbH. This includes in particular the case that the customer or a third party authorized by him makes or provides a change, addition or other kind of service to the contractual performance of Agilizer Academy GmbH.
Regarding shipments of goods the legal warranty regulations apply.

Secrecy and data protection

The contracting parties shall treat as strictly confidential any trade and business secrets of the other contracting party that become known to them in the course of the business relations or that are marked as such or are obviously recognizable, even after termination of the business relations. Each of the two parties shall be obliged not to disclose to third parties or otherwise make available to third parties any information and documents of the other party which become accessible to it in connection with the performance of the contract. In addition, the contracting parties shall also adequately secure the contractual services rendered by them against non-contractual use. This shall also apply to work results. Each party shall take the necessary precautions in its sphere of operation to ensure compliance with these obligations.
Processing of personal data in accordance with the German Federal Data Protection Act (BDSG) and within the framework of the European Data Protection Regulation (DSGVO) shall only be carried out by the parties in accordance with the relevant regulations.
The customer hereby gives his explicit consent to the processing of the data that has become known to Agilizer Academy GmbH in the course of the contractual relations and that is necessary for the processing of the order. The customer agrees that Agilizer Academy GmbH uses the data contained in the business relationship with him in accordance with the Data Protection Act for business purposes. Excluded from the obligation of secrecy is the fact that Agilizer Academy GmbH is working for the customer. In this respect Agilizer Academy GmbH is allowed to refer to the business relationship or to name the customer as a reference customer.

Industrial property rights and copyrights of third parties

Agilizer Academy GmbH does not assume liability for contractual items that violate industrial property rights or copyrights of third parties, as far as they are not provided or delivered by Agilizer Academy GmbH itself. The customer has to inform Agilizer Academy GmbH immediately about claims, which have been raised against him for the above mentioned reasons.

Other

The customer is only entitled to assign his claims from a contract with Agilizer Academy GmbH if Agilizer Academy GmbH has agreed to the assignment in writing before. Additional agreements must be in written form. Place of performance is the respective venue. These terms and conditions replace all previous ones. These terms and conditions remain valid in their remaining parts even if individual provisions are invalid.

Jurisdiction and applicable law

If the customer of Agilizer Academy GmbH is a fully qualified merchant, a legal entity under public law or a special fund under public law, the following regulation applies regarding the place of jurisdiction for all disputes arising from the corresponding contract: The place of jurisdiction is the registered office of Agilizer Academy GmbH. Applicable law is the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods.