GENERAL TERMS AND CONDITIONS
Version 1.01
of
TALENT MANUFACTURY
by turk vom stein talent consulting
Am Bonneshof 20
40474 Düsseldorf
Germany
§ 1 General
1. These General Terms and Conditions (GTC) apply to all services provided by TALENT MANUFACTURY. Any terms and conditions of the contractual partner that deviate from these terms and conditions shall not apply. Additional and deviating agreements must be made in writing to be valid. Changes, additions, or the cancellation of the contract shall only be valid with a separate written agreement. The GTC are accepted and legally binding upon placement of an order by the contractual partner.
2. These GTC also apply to all future contracts with the contracting party.
§ 2 Offer
1. TALENT MANUFACTURY will prepare a written offer for the contracting party for the agreed services. The contracting party may accept the offer in writing within eight weeks. After expiry of the aforementioned period of eight weeks, TALENT MANUFACTURY is no longer bound by the fees contained in the offer.
2. All prices quoted are net prices, plus applicable value added tax.
3. The offer prices refer to the maximum number of participants listed in the offer. Costs for hotel, travel, and meals for participants are not included in the offer price unless explicitly stated.
§ 3 Payment
1. After the contract partner has placed an order, TALENT MANUFACTURY will issue an invoice. This is due for payment without deduction within 10 working days of the first training day. Payment shall be made to the bank account specified in the invoice. Any deviating payment dates require a separate written agreement.
2. If the contractual partner is in default of payment, default interest shall be charged at 5% above the base interest rate. Higher interest rates shall only be payable if TALENT MANUFACTURY can prove that higher interest rates have been incurred. A reminder fee of $15 shall be charged for each reminder sent after default. All other costs incurred as a result of late payment shall be borne by the contractual partner.
§ 4 Scheduling/Exclusion of Participants
TALENT MANUFACTURY undertakes to adhere to the dates agreed with the contractual partner and/or the participants. If the dates cannot be met due to force majeure, the contractual partners shall agree on a suitable alternative date. In the event of serious misconduct on the part of a participant, TALENT MANUFACTURY shall be entitled to exclude them from further participation and shall notify the contractual partner of this in writing. The agreed fee shall not be reduced as a result of such exclusion.
§ 5 Copyright/Confidentiality
1. The presentations, documents, exercises, and course documentation provided as part of our services (training/development/coaching measures, assessments, and consultations) are protected by copyright and may not be reproduced or passed on to third parties, even in part, without the written consent of TALENT MANUFACTURY. The same applies to the transfer to electronic media. In the event of non-compliance, TALENT MANUFACTURY reserves the right to assert claims for damages.
2. TALENT MANUFACTURY is entitled to process all data relating to the business relationship with the contractual partner in accordance with the German Federal Data Protection Act (BDSG) or to have such data processed on its behalf. Data relating to participants or contractual partners that becomes known in the course of training/development/coaching measures, assessments, and consultations will be treated confidentially and used exclusively for internal purposes. The contractual partner expressly agrees that all documents may be sent to them by TALENT MANUFACTURY via email and that these emails do not need to be encrypted.
3. TALENT MANUFACTURY undertakes to maintain absolute confidentiality regarding any facts that become known to it in connection with training/development/coaching measures, assessments, and consultations with participants and contractual partners.
§ 6 Postponement and cancellation of fixed dates
1. The contractual partner's requests to postpone appointments after they have already started can be accommodated if the contractual partner notifies TALENT MANUFACTURY of this request in writing at least four weeks before the respective appointment and TALENT MANUFACTURY is able to offer a replacement appointment. If this deadline is not met or if the replacement appointment cannot be made, the contractual partner undertakes to pay the cancellation fees agreed in § 6 No. 2. If the postponed appointment (training/development/coaching measure, assessment, or consultation) also does not take place on the agreed replacement date, this postponement shall be treated as a cancellation in accordance with § 6 No. 2 a) of the General Terms and Conditions, regardless of the time of cancellation.
2. In the event of cancellations of agreed appointments (training/development/coaching measures, assessments, and consultations), the following cancellation fee shall be payable on the day of cancellation, regardless of the reason for cancellation and taking into account the expenses saved: a) for cancellations made at least 30 days before the first appointment, 30% of the canceled net order amount b) for cancellations made at least 10 days before the first appointment, 50% of the canceled net order amount c) for all later cancellations, 100% of the canceled net order amount. In special cases, e.g. for (individual) coaching, other cancellation conditions and periods may be agreed.
3. TALENT MANUFACTURY shall also be free to prove that the amount of the actual damage incurred exceeds the cancellation fees specified in § 6 No. 2 of these General Terms and Conditions.
4. The contractual partner is expressly permitted to prove that the damage incurred was less than the amount claimed.
5. All cancellations must be made in writing (email, post).
§ 7 Quality assurance of our services
The appointments and services ordered by the contract partner (training/development/coaching measures, assessments, and consultations) will be carried out in accordance with TALENT MANUFACTURY's quality principles. Practical relevance and a people-oriented approach determine the structure and course of the services. Content modules are designed and implemented in a manner appropriate to the target group, i.e., taking into account the prior knowledge of the participants. The objectives are planned individually and jointly with the contractual partner. The services are provided exclusively by consultants and partners of TALENT MANUFACTURY. No liability is expressly assumed for the learning success of the participants.
§ 8 Compensation
1. Claims for damages, regardless of their legal basis, in particular claims for damages arising from positive breach of contract or tort, are excluded, unless the damage was caused intentionally or through gross negligence. In the event of breaches of essential contractual obligations, liability shall also be assumed for slight negligence.
2. Liability is limited to foreseeable damage typical for this type of contract. This limitation does not apply if the damage was caused intentionally or through gross negligence or if essential contractual obligations were breached.
§ 9 Place of performance, place of jurisdiction
1. Unless otherwise stated in the order confirmation, the place of performance shall be the registered office of TALENT MANUFACTURY.
2. German law shall apply exclusively, to the exclusion of international law.
3. To the extent permitted, the exclusive place of jurisdiction for all disputes shall be Düsseldorf.
§ 10 Severability clause
Should any of the above provisions be or become invalid, the remaining provisions shall remain valid. The invalid provisions shall be replaced by the statutory provisions. If there is no statutory provision, the parties are obliged to reach an agreement that comes closest to the intended and economic purpose of the invalid provision.
