General Terms & Conditions for Coaching and Keynote Lectures
1. Scope of application
1. a) The following General Terms & Conditions apply to all offers of coaching, workshops/training and keynote lectures by purpose.hub, owned by Lina Maria Kotschedoff (hereinafter referred to as “purpose.hub”) and all contracts between purpose.hub and its contractual partners (hereinafter referred to as the “customer”).
1. b) Individual agreements between purpose.hub and the customer take precedence over these General Terms & Conditions. Any of the customer’s terms and conditions which deviate from these General Terms & Conditions will not be accepted by purpose.hub even without express objection.
1. c) Changes to these Terms & Conditions will be notified to the customer in writing and are deemed to be approved if the customer does not object in writing within 2 weeks.
2. Conclusion of the contract, object of the contract
2. a) purpose.hub is bound by offers it makes up to the deadline contained in the offer. If a period is not specified, purpose.hub is bound by the offer for fourteen days. In all other respects, the Contractor’s offer is subject to change without notice. The customer may accept the offer by means of a declaration of acceptance by email.
2. b) purpose.hub may accept offers from customers within fourteen days by sending a declaration of acceptance by email.
2. c) The contract is concluded by the declaration of acceptance of the respective other party.
2. d) The contracts concluded by purpose.hub concerning its services are service contracts. purpose.hub owes the provision of the services described in the contract. It does not owe the achievement of a specific result.
2. e) Statements and recommendations from purpose.hub serve to prepare the customer’s business decisions. The occurrence of a certain economic success is not owed.
3. Duration of contract and remuneration
3. a) The contract shall commence on the agreed date. If a time is not agreed, the contract shall begin upon receipt of the declaration of acceptance by the recipient. It ends with the provision of the agreed services.
3. b) Invoices are issued either monthly or after the provision of services, at the discretion of purpose.hub. The contractually agreed remuneration is due immediately and without deduction after invoicing, unless otherwise stated on the invoice.
3. c) Expenses and special costs incurred by purpose.hub at the express request of the customer will be passed on to, and must be reimbursed, by the customer.
4. Right of withdrawal
If the customer is a consumer, he is entitled to a statutory right of withdrawal.
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us (at purpose.hub, Lina Maria Kotschedoff (owner), Engelbertstrasse 29, 40233 Duesseldorf, email: firstname.lastname@example.org, phone: +49176 21240266) by means of a clear statement (e.g. a letter, fax or email sent by post) of your decision to revoke this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of withdrawal
If you revoke this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of your wish to exercise your right of cancellation in respect of this agreement compared to the total amount of services provided under the agreement.
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and return it to us)
To purpose.hub, Lina Maria Kotschedoff (Owner), Engelbertstrasse 29, 40233 Duesseldorf, email: email@example.com:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of the customer(s)
— Address of the customer(s)
— Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable
In the case of a contract for the provision of services, the right of withdrawal expires when the trader has provided the service in full and has only started to provide the service after receiving the consumer’s express consent as well as his confirmation that he is aware he will lose that right of withdrawal once the trader has fully complied with the contract.
5. Breaches of performance
5. a) If the customer is in default with the settlement of due invoices, purpose.hub is entitled to suspend its services until the invoices are settled in full.
5. b) purpose.hub is only in default with the provision of its services if certain dates have been agreed and purpose.hub is responsible for the delay. purpose.hub is not responsible for force majeure, illness and other events which were not foreseeable at the time of the conclusion of the contract and which make it at least temporarily impossible or difficult for purpose.hub to provide the agreed service. If the impediments to performance are of a temporary nature, purpose.hub is entitled to postpone the performance of its obligations for a reasonable period of time without being in default.
5. c) If individual services are not used by the customer, then purpose.hub is entitled to invoice the agreed remuneration. This does not apply if the customer can prove that no or only minor damage has been incurred. Cancellations or postponements of event or meeting dates must be made by email; the agreed remuneration will be calculated as follows:
Cancellation up to 24 hours before the meeting: free of charge
Cancellation 24 hours or less before the meeting: 100% of the agreed remuneration
For keynotes, speeches and talks
Cancellation up to 4 weeks before the event date: free of charge
Cancellation up to 2 weeks before the event date: 50% of the agreed remuneration
Cancellation 48 hours or less before the event: 100% of the agreed remuneration
An event or meeting shall be deemed cancelled unless a new date is agreed within 2 months of the original date, which may not be more than 12 months after the original date.
Expenses and third-party costs must be reimbursed in full by the customer if the underlying services of the third party can no longer be cancelled.
6. a) The events of purpose.hub are designed to train the participants on the event dates. Therefore participants are not allowed to make audio or video recordings of the events without the written permission of purpose.hub. The copyright of purpose.hub must be respected.
6. b) All documents and information are protected by copyright. The customer may use the documents and information received for internal purposes. It is prohibited to pass them on to third parties.
7. a) purpose.hub assures the confidential treatment of the customer’s economic data and information which become known to it through the agreed activity. The same applies to all business transactions, projects and facilities of the customer, to contents of conversations with participants as well as to personal data of the customer’s employees.
7. b) purpose.hub will only provide the customer with information from discussions with that customer’s employees with the explicit consent of the employee.
7. c) The parties will not communicate or publicly disclose their cooperation and its details to third parties unless the other party has agreed to this.
7. d) The obligation of confidentiality shall remain in force after termination of the contract.
purpose.hub is liable in cases of intent or gross negligence in accordance with the statutory provisions. In the event of minor negligence, purpose.hub is liable exclusively in accordance with the provisions of the Product Liability Act, for loss of life, physical injury or damage to health or for breach of material contractual obligations. However, claims for damages for the minor negligent breach of material contractual obligations are limited to foreseeable damages typical for the contract, unless liability is assumed for injury to life, body or health. Any liability on the part of purpose.hub for non-participation in events through no fault of its own, e.g. due to illness, is excluded. For the fault of agents and representatives, purpose.hub is liable to the same extent.
9. Final provisions
9. a) The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this shall only apply insofar as it does not restrict any mandatory legal provisions of the state in which the customer has his residence or usual place of abode.
9. b) The place of jurisdiction for disputes arising from or in connection with the contractual relationship with customers who are not consumers is Duesseldorf, Germany.
9. c) The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), which can be accessed at www.ec.europa.eu/consumers/odr . The email address of purpose.hub is: firstname.lastname@example.org. purpose.hub is not obliged or prepared to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSGB).
9. d) The invalidity of a provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.