General Terms and Conditions (GTC) of Agilar Germany GmbH

  1. Scope of application
  2. Contracting parties
  3. Place of fulfilment
  4. Data protection and data security
  5. Applicable law and place of jurisdiction
  6. Liability
  7. Retention of title, copyright

PART I: Public Trainings of Agilar Germany GmbH

  1. Registration
  2. Participation fee
  3. Terms of payment
  4. Cancellation and cancellation of events
  5. Right of modification
  6. Liability for contents and lost objects

PART II: Other services of Agilar Germany GmbH

  1. Subject matter of the contract
  2. Cooperation of the customer, necessary documents and information
  3. Subcontractors
  4. Remuneration, terms of payment, offsetting
  5. Travel expenses
  6. Business and company secrets, publications
  7. Cancellation of events
  8. Rights of use, rights to work results

§1 Scope of application

The General Terms and Conditions regulate the contractual relationship between Agilar Germany GmbH and its customers.

General terms and conditions of the customer are not valid, even if Agilar Germany GmbH does not expressly contradict them.

Agilar Germany GmbH provides services exclusively to entrepreneurs within the meaning of §14 BGB (German Civil Code).

§2 Contracting parties

The contractual partner of the customer is

Agilar Germany GmbH
c/o Design Offices am Mediapark
Erftstraße 15-17
50672 Cologne
Germany

Management: Dr. Severine Saleh, Sohrab Salimi

Registry court: Amtsgericht Köln
Registry number: HRB 77902
VAT ID: DE276206356

Bank account: Deutsche Bank
IBAN: DE72 7007 0024 0526 0880 00
BIC: DEUTDEDBMUC

§3 Place of fulfilment

Place of fulfilment for all liabilities of Agilar Germany GmbH arising from this contract is Cologne, Germany.

§4 Data protection and data security

With regard to further regulations concerning data protection and data security, reference is made to the separate data protection declaration, which can be saved and/or printed out by the customer on his computer for the purpose of booking.

If necessary for a complete processing of the orders, the personal data collected with the placing of the order will be passed on within the scope of an order data agreement according to §11 BDSG to vicarious agents of the provider.

With reference to §7 Abs. 3 UWG Agilar Germany GmbH reserves the right to refer to similar goods or services by e-mail. The customer can object to this use at any time without incurring any costs other than the transmission costs according to the basic tariffs. It is sufficient to send an informal e-mail to germany@agilar.com.

§5 Applicable law and place of jurisdiction

The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer shall be our registered office in Cologne, Germany.

The law of the Federal Republic of Germany shall apply exclusively to the contractual relationship with the customer.

§6 Liability

Damage caused by slight negligence will only be compensated if it is a breach of a material obligation (cardinal obligation). In cases of a slightly negligent breach of a material obligation, liability is limited to the foreseeable damage typical of the contract.

Otherwise Agilar Germany GmbH is only liable in case of intent or gross negligence or in case of culpable injury of life, body or health.

Liability claims due to slight negligence shall become statute-barred one year after their occurrence. This does not apply to culpable injury to life, limb or health.

§7 Retention of title, copyright

Agilar Germany GmbH reserves the unrestricted right of ownership for all deliveries of materials in physical form until the complete fulfilment of all payment obligations by the customer.

If Agilar Germany GmbH creates copyrightable works for the customer (e.g. training documents, presentations, programming), the customer – subject to the complete fulfilment of all payment obligations by the customer – will always be granted only a simple right of use for his own purposes without the rights of reproduction, distribution, processing or making available, unless otherwise stipulated in the contract or unless the purpose of the contract clearly states otherwise.

The seminar documents handed out or sent in the context of seminars – in whatever form – are subject to copyright protection and may only be reproduced, translated, reprinted, electronically processed, distributed or published – even in extracts – with the express written consent of Agilar Germany GmbH and the respective instructors.

PART I: Public Trainings of Agilar Germany GmbH

The following General Terms and Conditions regulate the contractual relationship for the participation in open formats of Agilar Germany GmbH.

1. Registration

Registration must be made in writing using the online registration forms prepared for you or by e-mail.

If the prepared online registration forms are not used, the name of the participant and the full company address or billing address with telephone number and e-mail address are required.

The registration becomes legally binding only after our confirmation by e-mail. If the event is already fully booked, we will contact you immediately. Without this confirmation of registration there is no right to participation. Registrations will be considered in the order in which they are received, the number of participants is limited.

2. Participation fee

The participation fee is per person and event date plus statutory VAT. Unless otherwise stated, the participation fee includes attendance at the seminar, extensive seminar documents, a joint lunch and beverages during breaks per seminar day.

3. Terms of payment

The participation fee plus statutory VAT is due within 14 days of receipt of the invoice and must be paid prior to the date of the event. Payments will be accepted by bank transfer or credit card. A temporary participation in the event does not entitle to a reduction of the participation fee.

4. Cancellation and cancellation of events

4.1 Representation

You can nominate a representative instead of the registered participant at any time. You will not incur any additional costs. This requires the prior notification of the replacement participant by e-mail.

4.2 Cancellation

In case of cancellation of the registration the following conditions apply:

  • Up to 4 weeks before the training can be cancelled free of charge and there are no cancellation fees.
  • Up to 2 weeks in advance, the training can be postponed at no cost if a participant attends a Agilar Germany GmbH course on the same seminar topic within 6 months. This regulation applies once only.
  • In case of a cancellation less than 2 weeks prior to the training, 50% of the undiscounted participation fees will be charged as cancellation costs, unless the organizer does not do so because the place can be reoccupied. A company/participant can also send a substitute participant.

4.3 Cancellation of events

We reserve the right to cancel the event at the latest seven days before the planned date of the event due to failure to reach a minimum number of participants or for important reasons for which we are not responsible (e.g. sudden illness of the speaker if he cannot be replaced, force majeure).

Any participation fees already paid by you will, of course, be refunded in this case. Further liability and compensation claims are excluded, unless intent or gross negligence on our part is present. Please also note this when booking hotels, flights or train trips.

5. Right of modification

We are entitled to make necessary changes to the content, methods and organisation (e.g. due to legal changes) before or during the event, provided that these do not significantly change the benefit of the announced event for the participant.

If necessary (e.g. illness, accident), we are entitled to replace the intended speakers with other equally qualified persons with regard to the announced topic.

6. Liability for contents and lost objects

The events will be prepared by Agilar Germany GmbH and its speakers to the best of their knowledge. Liability and guarantee for the correctness, topicality, completeness and quality of the contents are excluded.

Agilar Germany GmbH is not liable for loss or damage of objects brought along at events, unless the loss or damage of these objects is due to grossly negligent or intentional behaviour of Agilar Germany GmbH.

TEIL II: Other services of Agilar Germany GmbH

Die folgenden Allgemeinen Geschäftsbedingungen gelten für Verträge der Agilar Germany GmbH mit ihren Kunden über sonstige Dienstleistungen (z.B. Beratung, Moderation, Coaching).

1. Subject matter of the contract

The scope of the activities to be performed by Agilar Germany GmbH (hereinafter: the subject matter of the contract) is described in text form in an offer of Agilar Germany GmbH or specified in text form in a contract.

2. Cooperation of the customer, necessary documents and information

The customer is obliged to make all documents and information necessary for the execution of the contract available to Agilar Germany GmbH in due time without special request.

3. Subcontractors

Unless otherwise agreed, Agilar Germany GmbH may use third parties to fulfil its obligations.

4. Remuneration, terms of payment, offsetting

The amount of the remuneration for our services (time fee/daily rates or fixed price) depends on the agreement reached with the client. The remuneration is to be understood plus value added tax (to the statutory extent) as well as the agreed expenses, ancillary costs, daily expenses etc.. We are entitled to invoice partial payments.

Unless otherwise agreed, invoices shall be issued monthly. Payment and expenses are due 14 days after receipt of a proper invoice without deductions.

If contractually agreed partial payments or other invoices issued by us are not settled or not settled in advance by the customer, we shall be entitled to discontinue further activities for the customer until the outstanding claim has been settled in full. In addition, we are entitled, if necessary after prior written reminders, to terminate the contract concluded with the customer without notice. In this case, we may invoice the customer either for the services actually rendered up to the time of termination or for the agreed or forecast fixed remuneration.

Our time and remuneration forecasts and the payment plan based on them represent a non-binding estimate, since the time required may depend on factors that we cannot influence. If the exceeding of the forecasted time – the scope of the remuneration is based on circumstances for which the client is responsible (e.g. insufficient cooperation of the client), the resulting additional expenditure shall be reimbursed by the client in accordance with the contractually agreed daily rates.

5. Travel expenses

Travel expenses are all additional expenses that are directly caused by a business trip. These include travel costs, overnight accommodation costs, additional board and lodging expenses as well as proven or credible ancillary costs.

Travel expenses shall be calculated as follows: Flight costs (economy class), train costs (2nd class), rental car / taxi costs, overnight stays and other expenses will be charged according to receipt. Travel costs will be charged at EUR 0.50 per kilometre driven.

6. Business and company secrets, publications

Agilar Germany GmbH and the customer are obliged to treat all facts and information which become known in the course of the execution of the contract and which are not generally known, and in particular the business and trade secrets of the respective other contractual partner, as confidential for an unlimited period of time, to use them only for the purpose of the execution of the contract and not to pass them on. If Agilar Germany GmbH uses third parties for the execution of the contract, it will obligate them to the same extent to maintain secrecy.

However, Agilar Germany GmbH may use the facts and information for oral or written publications without the prior consent of the customer, if it does not name the customer and no conclusion as to the identity of the customer is possible from the facts and information.

Agilar Germany GmbH may use the customer’s name and logo as a reference for its own marketing and only for this purpose also the customer’s brand and company. Excluded from this are the contents of the cooperation and the work results created in the process.

7. Cancellatio of events

If an event is cancelled within 28 days before the agreed date for reasons for which the customer is responsible, Agilar Germany GmbH has a full claim to the agreed fee as well as costs including cancellation costs incurred for travel costs, accommodation costs or event rooms.

8. Rights of use, rights to work results

The methods and templates, concepts, tools and other materials made available by Agilar Germany GmbH for the provision of services shall remain the property and sole right of use of Agilar Germany GmbH without any restriction.

The customer receives the right to use the results of the work individually worked out during a workshop or in seminars in all known and still unknown ways.

Cologne, August 2019