Below you will find the terms and conditions of the
New Work Solutions GmbH
Management: Christa Graf
Konstein 5, 93164 Brunn/Regensburg
Phone: +49 40 30239760
[email protected]
Commercial Register: HR B 17029
Vat-Id.: DE319667042
agile-innovation-coach.com , agilizer-coach.com ,agilizer-academy.com
as of 01.01.2023.
Scope
All deliveries (purchase contracts) and services (work, service and training services) of New Work Solutions 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. Any general or special terms and conditions of New Work Solutions GmbH customers to the contrary shall only be effective if confirmed in writing by New Work Solutions 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 New Work Solutions GmbH are subject to change and non-binding, unless otherwise agreed in writing. A contract is only concluded upon written order confirmation by New Work Solutions GmbH, at the latest, however, upon delivery to the customer (purchase contract) or commencement of the contractually agreed services (work, service and training services). Verbal promises, subsidiary agreements as well as statements to the contrary in brochures, price lists, advertisements, etc., regardless of whether these have been made verbally or via the Internet (e-mail), always require the written confirmation of New Work Solutions GmbH in order to be binding.
Withdrawal from the contract
New Work Solutions GmbH is entitled to withdraw from the contract in the event of impossibility for which New Work Solutions GmbH is not responsible, force majeure, strike, natural disasters, etc., behavior of the customer in breach of contract, in the event of false information provided by the customer regarding creditworthiness or in the event of objective lack of creditworthiness, in the event of unforeseeable or necessary and unreasonable expenses, as well as in the event of obstacles that cannot be overcome. If New Work Solutions GmbH withdraws from the contract for reasons for which the Customer is responsible or if the Customer revokes the order placed, New Work Solutions GmbH may demand reimbursement of expenses; in the event of premature termination of a contract for work and services, § 649 BGB shall apply in particular.
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 New Work Solutions GmbH are ex New Work Solutions GmbH headquarters Brunn/Regensburg. If no price is specified in the offer or the order confirmation, the New Work Solutions GmbH list prices valid at the time of conclusion of the contract shall apply. Other statutory 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 New Work Solutions GmbH order confirmation. If the payment dates are exceeded, New Work Solutions GmbH shall be entitled to interest on arrears in the amount of 8% per year above the respective base interest rate of the ECB pursuant to § 1 of the Discount Rate Transition Act (Diskontsatz-Überleitungsgesetz) without further reminder. New Work Solutions GmbH reserves the right to prove higher damages caused by the delay. The customer may only set off undisputed or legally established claims against claims of New Work Solutions 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
New Work Solutions 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: New Work Solutions GmbH is furthermore liable without limitation for damages resulting from injury to life, body or health. With regard to damages caused by New Work Solutions GmbH due to slight negligence, the following shall apply: In the event of a breach of material contractual obligations endangering the purpose of the contract, New Work Solutions GmbH’s liability shall be limited to such damages the occurrence of which New Work Solutions GmbH could reasonably foresee at the time of conclusion of the contract. Liability for financial loss, e.g. loss of production and loss of profit, is limited by the general principles of good faith, for example in cases of disproportionality between the amount of remuneration and the amount of damage. If the liability of New Work Solutions GmbH is excluded or limited, this shall also apply to the personal liability of its employees, workers, representatives and vicarious agents. Liability for the recovery of data is excluded unless New Work Solutions GmbH has caused its destruction intentionally or through gross negligence and the customer has ensured that this data can be reconstructed with reasonable effort from data material held in machine-readable form. In any case, the liability to pay compensation for property damage for which New Work Solutions GmbH is responsible is limited to the coverage amount of New Work Solutions GmbH’s business and product liability insurance. New Work Solutions GmbH will inform the customer of the corresponding coverage amount on request in each individual case. In the event of cancellation of a seminar due to illness of the lecturer, unless New Work Solutions GmbH has failed to provide a substitute lecturer due to gross negligence or intent, as well as cancellations for which New Work Solutions GmbH is not responsible or force majeure, there shall be no claim to the performance of the seminar. In these cases, New Work Solutions GmbH cannot be obliged to compensate for travel and accommodation costs as well as loss of work. In the case of events held in rooms and on the premises of third parties, New Work Solutions GmbH is not liable to the participants in the event of accidents and loss of or damage to their property. The same applies to events held on the premises of New Work Solutions GmbH, unless the damage was caused by New Work Solutions GmbH or its employees intentionally or through gross negligence. For competing tort claims, the provisions of this clause 10 apply accordingly.
Subcontractor
New Work Solutions GmbH is also entitled to have contractual obligations partially performed by third parties as vicarious agents.
Consulting services
New Work Solutions GmbH will provide consulting services within the time frames agreed upon in writing by qualified employees. Insofar as the consulting services are provided at the customer’s premises, New Work Solutions GmbH alone is authorized to issue instructions to its employees. New Work Solutions GmbH reserves the right to select the employees who provide the consulting services. Likewise, New Work Solutions GmbH reserves the right to replace an employee with another employee with the necessary qualifications at any time.
Duty to cooperate
The Customer shall support New Work Solutions 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: to the extent necessary, provide working premises for the employees of New Work Solutions GmbH, including the work equipment necessary for the performance of the contract, as required and to a sufficient extent, appoint a contact person who is available to the employees of New Work Solutions 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 order, provide New Work Solutions GmbH with all information and documents necessary for the performance of the contract. If the Customer fails to cooperate or delays cooperating in accordance with this or on the basis of a separate agreement, New Work Solutions GmbH may nevertheless demand the agreed remuneration for the consulting services not provided as a result, without being obliged to provide additional services. If New Work Solutions GmbH decides to provide the consulting services nevertheless, this will only be done after a reasonable adjustment of the schedule.
Delay
If the customer is in default with the acceptance of the consulting services or if it fails to fulfill a duty to cooperate incumbent upon it, New Work Solutions GmbH is entitled on the one hand 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 for which New Work Solutions GmbH is not responsible, the agreed consulting period will still be charged. Something else applies if the customer can prove that the relevant New Work Solutions GmbH consultant has been deployed 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 New Work Solutions GmbH is in default with the completion of the agreed consulting services, the customer is entitled to terminate the respective order after the unsuccessful expiration of a reasonable grace period granted to New Work Solutions GmbH. New Work Solutions GmbH shall not assume any further liability in the event of default, unless liability is mandatory in cases of intent or gross negligence.
Acceptance of work services
The customer shall accept work performances of New Work Solutions GmbH in writing within 10 working days after notification of readiness for acceptance by New Work Solutions GmbH. If the Customer fails to submit a written declaration of acceptance to New Work Solutions GmbH, the work performance shall be deemed to have been accepted in accordance with 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. Acceptance of the services defined in the service description by the Customer (Client) shall take place immediately after notification to this effect by New Work Solutions GmbH, as a rule on the first working day after completion of commissioning. If the performance of New Work Solutions GmbH complies with the agreements pursuant to. performance description, the AG shall declare acceptance in writing immediately after successful acceptance testing. If the Customer refuses to provide New Work Solutions GmbH with a written declaration of acceptance, the work, including partial services, shall be deemed to have been accepted in accordance with the contract upon commissioning by the Customer.
An employee of New Work Solutions GmbH is available to assist with the acceptance test 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, these shall be carried out after completion of the corresponding project phases between the Customer and New Work Solutions 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 acceptance cannot take place twice due to an error in a program or in other services of New Work Solutions GmbH, the Customer may demand compensation for the period of delay of 0.5% per complete week, but in total not more than 5% of the remuneration for the part of the service in default. At the same time, the Customer may withdraw from the contract after the expiry of a reasonable grace period granted to New Work Solutions GmbH with the threat of rejection. Further claims are excluded. Acceptance by the Customer shall mean that the services owed by New Work Solutions GmbH have been rendered essentially in accordance with the contract. The AG will not refuse acceptance due to insignificant defects. Defects that do not prevent acceptance shall be recorded during the acceptance process on the acceptance protocol to be signed by both parties and shall be remedied immediately by New Work Solutions GmbH within the scope of the warranty obligation.
Rights to work results
Unless otherwise agreed in individual cases, New Work Solutions GmbH grants the Customer a non-exclusive, non-transferable right of use, not limited in time, for internal use of work results 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 New Work Solutions GmbH are provided as part of standardized training in training centers (open training), online as e-learning, as customer-specific training (in-house training) in hotels, training centers or on the premises of the client. 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 New Work Solutions GmbH homepage. The registration becomes binding for New Work Solutions GmbH upon 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. New Work Solutions GmbH reserves the right to change the content of trainings, training materials, duration of trainings, venue and 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 ANew Work Solutions GmbH. New Work Solutions GmbH grants the User a non-exclusive, non-transferable right of use for a limited period of time 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 New Work Solutions GmbH
New Work Solutions GmbH reserves the right to cancel the implementation of a training course for good cause, in particular in the event of illness of the trainer or the occurrence of events that make it technically or economically unreasonable for New Work Solutions GmbH to provide the service. In the event of appointment cancellations by New Work Solutions GmbH, the customer will receive a credit in the amount of the training fees already paid. There are no further claims against New Work Solutions GmbH, in particular the reimbursement of costs arising 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, including those to reproduce the seminar documents or parts thereof, are reserved by New Work Solutions 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 New Work Solutions GmbH. Any software made available during the seminar may not be removed, copied in part or in whole.
Registered trademarks
New Work Solutions 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
Insofar as a program, device, system or service developed or supplied by New Work Solutions GmbH is defective and this is reported by the customer in writing, New Work Solutions GmbH will remedy defects without delay and free of charge (rectification). If it is not possible to rectify the error or if this is only possible at disproportionate expense, New Work Solutions GmbH will offer an equivalent alternative, insofar as this is economically justifiable. If New Work Solutions GmbH is neither able to eliminate significant defects 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 shall not apply if defects are based on services or components of third parties or the Customer itself, which have not been performed or delivered by New Work Solutions GmbH. This includes, in particular, the case that the customer or a third party authorized by the customer makes a change, addition or otherwise provides a service of any kind to the contractual service of New Work Solutions 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 its express consent to the processing of the data that has become known to New Work Solutions GmbH within the scope of the contractual relationship and that is necessary for the processing of the order. The Customer agrees that New Work Solutions GmbH may use the data contained in the business relationship with the Customer for business purposes in accordance with the Data Protection Act. Excluded from the confidentiality obligation is the fact that New Work Solutions GmbH is working for the customer. In this respect, New Work Solutions GmbH may refer to the business relationship or name the customer as a reference customer.
Industrial property rights and copyrights of third parties
New Work Solutions GmbH assumes no liability for contractual items that violate industrial property rights or copyrights of third parties, insofar as these are not provided or supplied by New Work Solutions GmbH itself. The Customer shall immediately notify New Work Solutions GmbH of any claims made against it for the above reasons.
Other
The customer is only entitled to assign its claims arising from a contract with New Work Solutions GmbH if New Work Solutions GmbH has previously agreed to the assignment in writing. 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 New Work Solutions GmbH is a registered merchant, a legal entity under public law or a special fund under public law, the following provision shall apply with regard to the place of jurisdiction for all disputes arising from the corresponding contract: The place of jurisdiction is the registered office of New Work Solutions GmbH. Applicable law is the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
