General Terms and Conditions

Scope of application

The terms of conditions are valid for all contracts formulated between b-ceed GmbH (in the following b-ceed) and the client. Deviating terms, although they might be part of the other party’s term and conditions, are not valid unless they are recognized as valid by b-ceed in written consent. In case of the client’s non-agreement with the integration hereinafter terms and conditions, it is alone the decision of b-ceed to validate the contract even if hereinafter terms and conditions are lacking.

 

Contracting party

B-ceed GmbH

CEO: Philipp Marvin Mueller, Rebecca Lenz

Geierstrasse 7

Euskirchen, Germany 53881

Contract formation

The job submission through the client can occur in verbal and written form, including telephone, fax and email. The job submission can be revoked as long as b-ceed has not confirmed the task. Confirming the job submission through b-ceed validates the contract as long as the confirmation is compliant to the content of the job submission. Otherwise, the confirmation contains another offer which the client can accept within 14 days to verify the contract. 

After contract formation b-ceed does not save textual content. Instead, the client receives a written contract note. (The preferred language for contract formation is German.)

Costs and terms of payment

In terms of costs, the only valid reference is the price list from b-ceed, which can be requested by the client or can be viewed on the webpage b-ceed.de or the price that has been individually set at the time of the contract formation. Moreover, for every invoice for professional services, we allow to charge additional costs which sums up to 3% of the overall fees for printing, travel expenses, telecommunication, materials, handouts, data media and digital archiving. All prices listed are after taxes, excluding legal sales taxes and possibly pre-sale and processing fees.

This amount is to be paid without deductions.

Cancellation and resignation
Cancellation of contract can only occur in mutual agreement of b-ceed and the client. If mutual agreement cannot be reached, the client remains responsible to pay the settled amount, even if services have not been rendered.

Termination due to significant reason
In case of a significant reason, the contract can be terminated at any time by b-ceed or the client without an agreement. Impracticality to fulfill the contract due to acts of nature beyond control or other conditions that b-ceed cannot represent, a client’s non delivery of services, non handling equipment in accordance with regulations, supply of dishonest or incomplete data, documents, information etc.  through the client that are necessary in order to fulfill the agreed performance, validation of existing conditions of use and/or house regulations, endangerment of the running of business operations, the safety or the reputation of b-ceed, without b-ceed being responsible. In case of a valid termination and a possible mediation, which is mutually agreed, restitution will not be demanded.

Protection of privacy
Personal information of the client will be submitted to b-ceed after contract has been agreed upon. This will be handled and saved in accordance with the Federal Data Protection Act and the German Teleservices Act (TMG). No information will be passed on to a third party, unless these are corresponding partners and contractually constituted. Personal information is deleted as soon as they are not necessary for the implementation and the settlement thereafter. The client reserves the right to receive information on his saved personal data at any time to no charge. Further, the client reserves the right to revoke his agreement of his saved personal data.

Die personenbezogenen Daten des Kunden werden bei Abschluss eines Vertrages an b-ceed übermittelt. Diese werden sodann verarbeitet und gespeichert nach den gesetzlichen Bestimmungen des Bundesdatenschutzgesetzes (BDSG) und des Telemediengesetzes (TMG). Es erfolgt keine Weitergabe der Daten an Dritte ausschließlich der im Rahmen der Vertragsabwicklung beteiligten Firmen. Die Löschung der Daten erfolgt, sobald sie zum Zwecke der Abrechnung nicht mehr erforderlich sind. Dem Kunden steht das Recht zu, unentgeltliche Auskunft zu den zu seiner Person gespeicherten Daten zu erhalten. Der Kunde hat das Recht, seine Einwilligung in die Speicherung seiner Daten jederzeit mit Wirkung auch für die Zukunft zu widerrufen unter der in Nr. 2 dieser AGB angegebenen Adresse.

Ticket sales

With respect to tickets, b-ceed sells tickets as a an arbitrator in agreement with the operating company. b-ceed is not the advertised operator, unless explicitly announced. Purchasing a ticket establishes a business relationship with the client and the operator, exclusively. With respect to the implementation of the operation, the regular terms and conditions of the operating party are valid.

Compensation is due after contract formation without deductions. Up until the payment has been rendered in full, tickets are owned by the operating party.

In case of cancellation or rescheduling of the event, the terms that have been arranged with the operator are valid. Warranty and liability claims upon the service delivery are solemnly a for the operator.

Implementation of events

In terms of implementation of events, b-ceed renders services that are necessary for the implementation of the contractual agreed events. The scope of performance is known at the time of confirmation. b-ceed is free in its elaboration of the event, the program and performance according to the agreement and as long as not otherwise determined. b-ceed is authorized to order external services in the name and on the account of the client.

Upon contract formation, 50% of the overall payment is due, at the time of the event 25% and 25% at the end of the event. Up until the payment has been fully rendered, b-ceed reserves the right to request a security deposit. In case of new clients, the full amount is due at the time of contract formation.

In case of agreement with artists through b-ceed, an artist’s fee according to their social insurance and determined fees must be rendered. When registration and authorization requirements (GEMA) exist including fees, the client will be held responsible to pay the balance.

All expenses that result for b-ceed that develop in accordance with the contract and the client and that are not imputable to specification of services or extend the description of services (especially after program changes), are billed according to the actual expenditure. The client can request the proof of expenditure.

In case of injury, damage for materials that are caused by employees of b-ceed, b-ceed can only be held responsible when found negligent and in deliberate cause. For materials brought to the event privately, b-ceed is not held liable. Also, the liability for performances of the external contractor is excluded, as long as congruent with the law. The operational and individual risk is on the client. This includes the liability of handling, securing and storing the equipments, without exceptions. b-ceed is not responsible for any kind of damage that are caused by the client or visitor. In case of culpable non-fulfillment of the contract, or culpable breach of the contract by b-ceed, we can only be held responsible for a maximum amount of the agreed remuneration.

If the implementation of the planned event is thwarted for reasons that the client is responsible for, b-ceed will reserve the right to claim the agreed remuneration under imputation of exempted goods and services and other applications that can be saved. In case of acts of nature which prevent b-ceed from executing services, all claims of that contract lapse. In such case, b-ceed will inform and if requested provide proof of the impediment.

Under warranty terms, it is expected that the client informs b-ceed immediately about defects that have been noted by the client.

Emerging protective rights due to service provision in accordance with the contract will remain with b-ceed. Unless otherwise agreed, the client does not acquire service.

Other regulations

Changes of the acceptance proposal or the terms and conditions are only possible when done in written form. Unilateral changes or complements by the client are void. The nullification of single regulations does not impact the validity of the general terms and conditions.

In case of a business relationship between b-ceed and a client whose residence lies outside of Germany, all legal and contractual relationships will be applied according to German law. The application of the UN sales of goods and conflict of law is precluded. For a lawsuit by b-ceed against the client, the client’s residence is ultimately decisive unless the suit is made against business people and individuals whose residence is in a foreign country. In this case, the residence of b-ceed is decisive.

General terms and conditions for coachings, trainings and seminars

General

The terms and conditions are valid for any form of services such as single and group coachings, workshops, trainings offered by b-ceed GmbH, unless otherwise stated. Deviations from the general terms and conditions have to be stipulated in written form. Deviating regulations, although included in the general terms and conditions of the contracting partner, are not applicable unless they are recognized by b-ceed in written form.

Categorically, proposals are rendered in written form. Verbally rendered information is not applicable.

Proposals, remuneration

Proposals are non-obligatory. b-ceed GmbH reserves the right for changes.

For coachings, consultations and training performances, the agreed remunerations will be charged. In case of the coaching or training services being rendered outside of Bonn or Euskirchen, additional travel and accommodation expenses may be computed, of which the client will be informed about.

As long as there is no consent of payment from another party, the contractee is held responsible for the remuneration.

Resignation from the contract

b-ceed GmbH

b-ceed GmbH reserves the right to resign from the contract in case of:

  • Inadequate registrations have been received for a workshop or an event
  • When the event has to be cancelled for reasons that b-ceed is not responsible for, i.e. In case of illness/ accident or act of nature.

In this case b-ceed is responsible to immediately notify the contracting party. Additionally, b-ceed will individually offer an alternate date.

If the client experiences costs, i.e. travel expenses, that have arisen from this, b-ceed will not take over those costs. At the same time, b-ceed has no right for reimbursement of resulting travel expenses.

It is important to note that b-ceed is not liable for compensation of secondary damage.

 

Contracting partner

Cancellation or rescheduling of a coaching appointment is possible and free of charge when done within two business days prior to the appointment. If appointments are cancelled later than two days prior to the scheduled coaching, b-ceed reserves the right to charge 50% of the overall costs of the remuneration. If the appointment is cancelled on the day of the scheduled appointment the full amount is due. Same applies in case of default of appearance. This will not apply in case of no fault of one’s own.

Cancellations for group coachings, seminars and workshops can only be accepted in written form (mail, fax, email) and are free of charge when submitted no less than three weeks before the actual date of service. Cancellations within 21-15 days prior to the date of service will be charged with 25% and cancellations within 14-7 days with 50% of the overall costs. If the contracting party cancels 6 days or less prior to the date of service or in case of default of appearance, the full amount is due. If the contracting party arranges for a replacement client, no charges will fall on the former contractee. In case of illness, b-ceed agrees to an alternative date of service. If the alternative appointment is canceled by the contracting party, b-ceed reserves the right to charge the full amount. If the client wishes to resign from the contract when the coaching is already in progress, separate and individual agreements can be arranged in written form.

Copyright

All documents that are distributed to the client are included in the in written form remuneration. Those documents are solemnly appointed for use by the client/participant. Providing documents to a third party as well as commercial usage are prohibited.

The copyright of all concepts and documents to the client belong solely to b-ceed. It is prohibited for the participant and/or the contracting party to reproduce or provide the documents and concepts in any way unless they have received permission from b-ceed in written form. A partial or complete publication is prohibited and may be prosecuted.

Liability

The contracts concluded by b-ceed are service contracts unless specifically agreed otherwise. That being said, essential to the contract are the agreed services, not the consequences of the services or of a specific success.

All documentations, tips and information that are conveyed by b-ceed in coachings and workshops are carefully elaborated and tested.

b-ceed promises to conduct the service of assistance and development of client’s and participant’s personalities to their best knowledge and potential. Nonetheless, a guarantee of success cannot be given. Liability therefore is impossible. Before the first coaching session every client/ participant is encouraged to confirm in writing that they are in full command of their mental faculties and that (chronic) diseases or addictions which may impact the client’s psychological stability and therefore may influence the client’s overall health, are ruled out.

The transmission in paper or electronic form of any form of information is at the client’s risk.

Confidentiality/ privacy

In order for b-ceed to process the contract information and to keep the client informed, personal information such as name, email address and address are required. b-ceed does not provider your personal information to a third party, unless it is necessary for the contractual performance. Personal information necessary for business purposes will be saved.

For all business and private matters regarding the client/participant that became known during the time of contractual performance, b-ceed is obliged to retain the privacy right. Therefore, after completion of the contractual performance, b-ceed will not transmit any information to a third party.

b-ceed is obligated to store all records that have been established during coachings or trainings securely and protect them from access of a third party.

Insurance coverage

Every contracting party is fully responsible for his/her actions during and outside of coaching meetings and will be held responsible for any self-induced damage. In order to participate in the coachings program, it is essential that the client/participant has a normal psychological and physiological capacity.

Organizer of events, team coachings and workshops is always upon the contracting party. Therefore, the participants have no insurance coverage through b-ceed.

Place of fulfillment and place of jurisdiction

The place of fulfillment of performance and payment is Euskirchen, Germany. Hence, the place of jurisdiction is in Bonn, Germany even if the client is a registered trader or if he has no place of jurisdiction in Germany. The legislation of the federal republic of Germany is valid.

Final clauses

In case a clause of the terms and conditions is or becomes ineffective, the terms and conditions remain valid.