Below you will find the terms and conditions of the
Agilizer Academy GmbH
Management: Finn Thieme
Unter den Linden 10, 10117 Berlin
Phone contact: +49 30 62939095
[email protected]
Commercial register: HRB215024B
VAT ID No.: DE329424869
agile-innovation-coach.com , agilizer-coach.com ,agilizer-academy.com
as of 01.01.2023.
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 again in each case. Other 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 additions to these general or special terms and conditions of the customer.
Conclusion 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 order confirmation by Agilizer Academy GmbH, at the latest, however, by delivery to the customer (sales contract) or 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 the invoice. The prices do not include the applicable statutory 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 insurance 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 delay. The customer may only set off undisputed or legally established claims against claims of Agilizer Academy GmbH. The customer may only exercise a right of retention against counterclaims based on the same contractual relationship. In the case of ongoing business relationships, each individual order or each individual service agreement shall be deemed 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 with another employee with the necessary qualifications at any time.
Duty to cooperate
The customer supports Agilizer Academy GmbH in the consulting services to be provided as agreed. In doing so, the customer shall create, free of charge, all prerequisites in the area of its business sphere that are necessary for the proper provision of the consulting services. In particular, the customer shall: as far as necessary, provide work rooms for the employees of Agilizer Academy GmbH, including the work equipment necessary for the fulfillment of the contract, as required 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 in the context of the continuation of the order as an interim decision, 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 on him according to this or due to a separate agreement, Agilizer Academy GmbH can nevertheless demand the agreed remuneration for the consultation which was not performed as a result, without being obliged to subsequent performance. If Agilizer Academy GmbH decides to provide the consulting services anyway, this will 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 a duty to cooperate, Agilizer Academy GmbH is entitled to terminate the contract without notice. Secondly, this does not affect his obligation to pay the agreed remuneration. Claims for compensation of any additional expenses shall 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 client cancels an agreed consulting service in time, i.e. at least 2 weeks before the agreed date in writing. 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 declaration of acceptance towards Agilizer Academy GmbH, the work performance is considered as accepted according to the contract. Likewise, a work performance shall be deemed to have been accepted in accordance with the contract if it is used productively by customers. The acceptance of the services defined in the service description by the Customer (Customer) shall take place 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 acc. performance description, the AG shall declare acceptance in writing immediately after successful acceptance testing. If the customer refuses the written declaration of acceptance to Agilizer Academy GmbH, the work, including partial services, shall be deemed to be accepted in accordance with the contract upon commissioning by the customer.
A member of the Agilizer Academy GmbH staff is available to assist with acceptance testing to an appropriate extent. Details of the acceptance inspection shall be jointly determined in writing at a reasonable time prior to acceptance. If partial acceptances are agreed upon, these are to be accomplished after completion of appropriate project phases between AG and Agilizer Academy GmbH. If the acceptance inspection is carried out jointly, the AG shall keep a record. The AG will declare acceptance in writing immediately after successful completion of the acceptance test. If the acceptance cannot take place twice because of an error in a program or at other achievements of Agilizer Academy GmbH, the AG can require a delay compensation for the time of the delay of 0.5% per completed week, altogether however at the most 5% of the remuneration of the in delay gotten achievement part. At the same time the AG can withdraw from the contract after the expiry of a reasonable grace period set to Agilizer Academy GmbH with a 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 will not refuse acceptance due to insignificant defects. Defects that do not prevent acceptance are to be recorded during the acceptance process on the acceptance protocol to be signed by both parties and will be eliminated 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 conditions are accepted.
Scope
All offers published on the company website are addressed to both private and commercial customers.
Conclusion of the training contract
Registration must be made in writing or online via the Agilizer Academy GmbH homepage. 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. Intermittent participation does not entitle the participant 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. In-house training courses shall be agreed with the customer on an individual basis and shall be subject to the provisions of these General Terms and Conditions unless otherwise agreed in an individual contract. In addition to the prices agreed upon in each individual contract, the trainers’ travel time, travel and hotel expenses may be charged in addition to the applicable value-added tax, if agreed upon in advance. Only partial participation or incomplete occupancy of a seminar part does not entitle to a reduction of the agreed price.
Terms of payment and participation
Training fees will be 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 shall not be 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 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, e.g. 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 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 resulting from 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, also those of the duplication of the seminar documents or parts of it, remain reserved to 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 the prior written consent of Agilizer Academy GmbH. Any software made available during the seminar may not be removed, copied in part or in whole.
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 text of the contract
The presentation of the goods in our internet store does not constitute 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 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 ordering process takes place in the following steps:
1. desired product(s) are added to the shopping cart
2. the check of the data in the shopping cart takes place
3. the button “proceed to checkout” is pressed
4. there is the indication of the invoice details as well as the address information for the delivery
5. binding sending of the order by confirming the terms and conditions and clicking “Send order”.
Before the binding submission of the order, the consumer can, after checking his details, return to the Internet page on which the customer’s details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the “Back” button contained in the Internet browser used by him. We confirm receipt of the order immediately by displaying the order details and by sending an automatically generated e-mail. This does not yet 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 GTCs via e-mail. You can also view the GTCs 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 the 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 shall not pass to the Buyer until the item is handed over to the Buyer, even in the case of sale by delivery to a place other than the place of performance.
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 an error correction 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 remove essential errors nor to offer an equivalent alternative within two reasonable grace periods set by the customer in writing, the customer may demand a reasonable reduction of the remuneration (abatement) or declare the cancellation of the contract (rescission).
The warranty period begins from acceptance and ends one year thereafter. Warranty rights of the customer are void, as far as defects are based on services or components of third parties or the customer itself, 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 any other kind of service to the contractual service of Agilizer Academy GmbH.
With regard to shipments of goods, the statutory warranty provisions shall apply.
Secrecy and data protection
The contracting parties shall treat as strictly confidential any trade and business secrets of the other contracting party which have become known to them in the course of the business relationship or which are marked as such or which are obviously recognizable, even after termination of the business relationship. Each of the two parties is obligated not to disclose to third parties or otherwise make available to third parties all information and documents of the other party that become accessible to it in connection with the performance of the contract. In addition, the contracting parties shall also adequately secure the contractual services provided by them against non-contractual use. This also applies to work results. Each party shall take the necessary precautions in its sphere of operations 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 may use the data contained in the business relationship with him/her for business purposes in accordance with the Data Protection Act. 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 these 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 beforehand. Subsidiary agreements must be made in writing. The place of performance is the respective venue. These General Terms and Conditions replace all previous ones. These terms and conditions shall 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, excluding the UN Convention on Contracts for the International Sale of Goods.