Terms and conditions (AGB) Visual Facilitators GmbH

Status: 28.10.2019

1. General

1.1 Area of application
These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract to all business relations between us, Visual Facilitators GmbH, Colonnaden 9, 20354 Hamburg, represented by its Managing Director Mr. Mathias Weitbrecht, and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.

1.2 Contract agreement
Contractual language is German, other languages offered are for convenience only.
“Users” are all persons who use the functions of our platforms. This also includes our customers.
“Customers”, on the other hand, are only persons who have booked our paid services.
“Team members or partners” are all persons who perform our offered services.

1.3 Conclusion of contract

1.3.1 Services (Graphic Recording, Visual Facilitation, Facilitation, Strategic Visualization, EXPLAINAS Explainer Films and other services)
The contract is concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you submit an inquiry via our online form and receive a binding offer from us, which you can then accept within the period specified in the offer. With the acceptance, the contract is concluded. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the agreement reached.

1.3.2 Online Trainings

The booking process takes place via copecart. With the booking you bindingly declare your contract offer. The contract about the binding participation in the workshop comes into effect with the receipt of the registration confirmation by e-mail.

The booking will be stored by copecart as an invoice file and will be sent to you in text form (e.g. e-mail) after sending your order together with the present general terms and conditions and customer information. However, after sending your order, the booking can no longer be retrieved by you via the website and the link in the order confirmation. Cancellation is not possible.

The offered workshops are training events of Visual Facilitators. Depending on the workshop, the training contents are suitable for people without any prior knowledge, for people who have prior knowledge or, in the case of special topics, only for professionals. The topics and course information to be taken from the respective workshop program provide information about which prior knowledge is required.

1.3.3 Inhouse Trainings
The contract is concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you submit an inquiry via our online form and receive a binding offer from us, which you can then accept within the period specified in the offer. With the acceptance, the contract is concluded. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the agreement reached.

2. Service description

2.1 General
We offer our services in the field of management consulting, visualization, facilitation (process support) and organizational development as well as all related activities.

2.2  Explanation of individual services please refer to the individual offers.

2.3 Service delivery
We are entitled to have the contract or parts of the contract fulfilled by third parties integrated into our organization.

2.4 Service time
We provide our service at the time agreed in the contract.

3. Payment

3.1 Prices
All prices are inclusive of sales tax.
Payment is made for our services to the following account:
GLS Bank, IBAN: DE11 4306 0967 2047 0149 00, BIC: GENNODEM1GLS

or directly via the service companies copecart commissioned by us.

3.1.2 Services
Payment is to be made immediately after performance of the service. For long-term projects we allow ourselves to agree on partial payments.

3.2 Delay in payment
If no payment is made by you after the payment deadline, we will send you a payment reminder, followed by a 1st and 2nd reminder. If these are not instructed within 4 working days, we send after the 2nd reminder the process to the institute Tesch Inkasso Finance GmbH for legal follow-up.

3.3 Right of lien
You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

3.4 Cancellation
Cancellation of the services and courses booked by you is possible in text form (e.g. e-mail, postal mail). A possibly existing right of withdrawal is not affected by these cancellation regulations.

The cancellation costs are based on the following provisions, whereby the cancellation is free of charge if it is made no later than 14 days before the agreed date for the provision of services. The timeliness of the cancellation depends on the date of receipt by us. In case of a later cancellation, the cancellation costs are based on the following staggered flat rates:
20 % of the agreed invoice amount from the 13th to the 7th day before the start of the event.
50 % of the agreed invoice amount from the 6th to the 1st day before the start of the event.

If the inquiry and booking takes place at short notice within 6 days before the start of the event, the entire invoice amount is due in the event of cancellation.

Costs of possibly already booked travel tickets, material orders or bookings of external providers (e.g. room bookings, catering, etc.) are to be reimbursed regardless of the cancellation date.

You retain the right to prove that we have incurred no or lower costs.

4. Cancellation policy for consumers in distance contracts

Cancellation policy

Right of cancellation

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Visual Facilitators GmbH, Colonnaden 9, 20354 Hamburg, phone: 040-63607889, e-mail: info@visualfacilitators.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

– End of the cancellation policy –

Special notes on the premature expiry of the right of withdrawal
Your right of revocation shall expire prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent to this and you have simultaneously confirmed your knowledge that you shall lose your right of revocation upon complete fulfillment of the contract by us.

Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.

5. Your responsibility

5.1 General
You are solely responsible for the content and accuracy of the data and information you submit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with copyright regulations.

5.2 Exemption
You shall indemnify us against all claims asserted against us by third parties due to such violations. This also includes the reimbursement of costs of necessary legal representation.

5.3 Data backup
You are jointly responsible for backing up the information you send. We cannot be held responsible for the loss of your sent information, as we do not provide a general data backup guarantee.

6. License terms

6.1 Copy Right
The copyrighted content of our services, as well as the structure of the courses and related documentation, including all authorized copies, are the intellectual property of us.

6.2 Licensing
Upon payment of the participation fee, we transfer to you all rights of use to documents required for you to the extent agreed in the contract and required for the respective training. In case of doubt, we fulfill this obligation by granting non-exclusive rights of use in the territory of the Federal Republic of Germany for the duration of the service. In principle, the granting of a license expires at the end of the contract. However, with respect to the copies provided to you for your own use, the right of use shall continue to exist beyond the end of the contract.

6.3 License terms
Any use beyond this requires our consent. In particular, the materials may not be passed on to third parties (sublicensing or distribution), nor may they be copied, reproduced or stored on data carriers or other media. Likewise, it is prohibited to use the contents, texts and exercises for one’s own purposes in seminars, courses or otherwise vis-à-vis third parties without express written permission.

6.4 Reference right
We grant ourselves the right to reference the services we offer. Unless otherwise agreed, we reserve the right to make picture and video recordings in the courses and to list them as a reference in brochures, leaflets and our website. You have the right to object to this.

6.5 Compensation for damages
We reserve the right to claim damages for any violation of the contractual license terms, especially in case of copyright infringement.

7. Liability

7.1 Disclaimer
We as well as our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (consequently such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are concerned, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. With respect to entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.

7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages arising from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.

8. Final provisions

8.1 Court of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.

8.2 Legal choice
Unless mandatory statutory provisions according to your home law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

8.3 Consumer Dispute Resolution
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

8.4 Salvatory clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.

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