General Terms and Conditions (GTC)
for Consulting, Coaching, Workshops or Trainings and Online Shop
These General Business Terms and Conditions (GTC) apply for all contracts, deliveries and other performances by
3C – Coaching UG (ltd. liability)
Hildburghauser Str. 140a, 12209 Berlin (Germany)
Registry Court: Amtsgericht Charlottenburg, Hardenbergstr. 31, 10623 Berlin (Germany)
Register Number: HBR 220204 B
(hereinafter also referred to as „3C“), including its programs TheWorkshopLeader.com (hereinafter also referred to as „TWL“) and Qlife.coach, in dealings with its Customers. All and any deviating business terms and conditions of the Customer are hereby rejected. 3C shall only recognize any such deviating terms and conditions if they have been expressly agreed in writing.
The General Terms and Conditions (GTC) consist of
- General Terms and Conditions (Section 1.),
- Special Terms and Conditions for Business Consultancy (Section 2.),
- Coaching (Section 3.),
- Training and/or Seminar Arrangements (Section 4.) and
- the Online Shop (Section5.).
I. General Terms and Conditions of Business
- 3C – Coaching adresses its offers to customers according to Section 13 of the German Civil Code (BGB) as well as companies (§ 14 BGB). Upon the conclusion of a contract, the relevant company Customer confirms that the services to be provided by 3C or the documents to be provided by 3C are being commissioned or acquired for his/its commercial or freelance activities.
- All ancillary agreements are to be confirmed in writing; individual agreements shall always have priority.
- Business relationships between 3C and its Customers based in Germany are governed by the laws of the Federal Republic of Germany. For Customers in all other countries the UN Convention on Contracts for the International Sale of Goods is binding.
- The exclusive legal venue for all disputes in connection with the present contract is Berlin, Germany, if the Customer is a trader, a legal entity under public law, a public-law fund or has no legal venue in Germany. 3C shall also be entitled to bring legal action against the Customer at its general legal venue.
§2 Turnover Tax and Payment
- Unless otherwise stated, the agreed fees and/or prices are net prices plus value-added tax.
- Unless otherwise agreed, payment obligations of the Customer are due for settlement within 14 days after the invoice date. If a Customer is in arrears with his/its payment obligations, 3C shall be entitled to insist on damages and/or to withdraw from the Contract in accordance with the relevant legal regulations.
- 3C shall always provide the Customer with an invoice. Upon the acquisition of documents relating to its Online Shops, 3C shall also be entitled to transmit invoices by e-mail as a pdf-data file.
- 3C shall be liable for property and legal defects in accordance with the relevant legal regulations.
- Damage compensation claims extending beyond liability for property and legal defects, may only be enforced by a Customer against 3C in the event of willful intent or gross negligence. The aforesaid liability exclusion shall not apply in the event of an impairment to life, body or health or in the event of a breach of major contractual obligations. The amount of 3C’s liability shall be limited to typically foreseeable damages when the contract was concluded.
- Liability under the German Product Liability Act and other compulsory legal regulations shall remain unaffected.
- Organizer of consultations, team coaching, seminars, workshops etc. is always the client. The participants therefore have no insurance cover by 3C.
§4 Offsetting and Retention Right
- The Customer shall only be entitled to exercise a retention right if the relevant counterclaims are recognized by 3C or recognized by declaratory judgment. The Customer shall only be entitled to exercise a retention right insofar as his/its counterclaim is based on the same legal relationship.
§5 Data Protection
The Customer is aware and in agreement that personal data required for the execution of the relevant order may be stored by 3C on data carriers. The Customer expressly agrees with the collection, processing and use of his/its personal data. Personal data stored by 3C shall naturally be treated in confidence. The collection, processing and use of personal data relating to the Customer shall be effected in accordance with the Federal German Data Protection Act (BDSG) and the Telemedia Act (TMG).
With the prior express consent of the Customer, personal information may also be used in order to acquire information on products, marketing measures and other services.
The Customer shall be entitled to refuse to give its consent at any time as far as the future is concerned. In this case, 3C shall be obliged to immediately delete all and any personal data relating to the Customer. If there are any ongoing contractual relationships, these shall be deleted after they have expired.
II. Special Terms and Conditions relating to Management Consultancy Services
§6 Commissioning and Establishment of an Assignment Termination
- The assignment, approach, type of working results and compensation shall be specified by means of a written agreement to be concluded between 3C and the Customer. All and any amendments, supplements or extensions of the assignment specification, the relevant approach and the type of working results must be the subject matter of a written agreement.
- The services of 3C shall be performed when the necessary analyses and the resulting conclusions and recommendations have been processed and explained to the Customer. It is irrelevant whether and when the Customer implements the conclusions and/or recommendations.
§7 Duties and Obligations of the Customer
- The Customer undertakes to assist the work to be carried out by 3C. In particular, the Customer shall gratuitously comply with all prerequisites pertaining to its sphere of operational activities and which are necessary for carrying out the necessary work or services. If the reasonably requested prerequisites are withheld, the Customer shall compensate 3C for the documented unoccupied time involved separately.
- The Customer shall undertake not to recruit or commission employees or vicarious agents of 3C engaged in connection with the execution of consultancy services within a period of 24 months after the end of their respective collaboration.
§8 Duties and Obligations of 3C
3C is obliged to treat all information concerning operational and business secrets of the Customer in confidence and shall arrange for a corresponding covenant statement to be signed by its employees and/or vicarious agents upon request. If one of the employees or vicarious agents fails to comply with the aforesaid obligation, 3C shall assign the recourse entitlements to the Customer which are lodged against the employee or vicarious agent.
§9 Protection of Working Results
All reports, plans, designs, summaries and calculations produced by 3C may only be used for the contractually agreed purposes. Each and every non-contractual utilization of the aforesaid performances, especially their publication, shall require the prior written consent of 3C. This shall also apply even if the work performed fails to comply with special legal rights and, in particular, with the relevant copyrights.
III. Special Terms and Conditions relating to Coaching
§10 Terms of Contract
- Coaching is neither a psychotherapy, a medical treatment nor a natural healing method and cannot replace it. Participation requires normal mental and physical resilience.
- At the beginning of coaching the client fills in an anamnesis form. With the client’s consent, 3C can then contact the family doctor or treating doctor or therapist for further information. 3C has the right to withdraw from the contract due to psychological or physical concerns.
- The Client is obliged to inform 3C of any changes in the medical history during the course of the coaching. Even then 3C may terminate the coaching due to changed health or psychological conditions.
- In addition to the coaching contract, Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)” (coachfederation.org/ethics). These ethics will be printed out, handed out or transmitted and will be respected by both parties.
§11 Commissioning, determination of the termination
- With the conclusion of the coaching service contract, these conditions are considered accepted by the client (hereinafter also referred to as client) and the subject of the contract is therefore the provision of the agreed services. 3C is entitled to call in auxiliary staff, expert third parties and other vicarious agents to carry out a consultancy contract. Consulting services in legal and tax matters are neither promised nor provided by 3C on the basis of the applicable provisions. These services are to be provided by the client himself.
- Both client and 3C can determine the end of the coaching. In any case, a final session is then necessary.
§12 Offers, fees and remuneration
- The offers are subject to change without notice, subject to alterations. All fees are quoted in Euro excluding the legal value added tax. Any additional costs, such as travel and accommodation expenses, etc., will be charged separately to the client or principal within reasonable limits.
- The dates for coaching – both on site and by telephone – are agreed between the coach and client according to mutual availability.
- Unless otherwise agreed, the fee is due without deduction two days before the start of the coaching. A set-off is only permitted with the written consent of 3C.
- Agreed deadlines that are not met by the client will still be invoiced, unless there is a demonstrably important reason. Delays by the Client cannot be taken into account.
- A free cancellation or postponement of the coaching sessions is possible until two working days before the appointment at the latest. After this date, 50% of the fee will be charged. In the event of non-attendance, the full fee is due as a cancellation fee.
§13 Force majeure and other impediments to performance
3C is entitled to postpone the agreed coaching dates in the event of force majeure, this also includes impediments to performance which have arisen due to illness, accident or similar. In this case the Coach will inform the Client as soon as possible and offer an alternative date. If the client could not be reached at the telephone number left and in any other case, there is no claim to the assumption of travel or other costs.
§14 Duty to cooperate
Coaching is a free, active and self-responsible process. To this end, it is necessary that the client adequately reveals himself to the coach and answers all questions to the best of his knowledge and belief. The client is responsible for the consequences of incorrect or incomplete information.
- The coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the Code of Ethics International Coaching Federation (ICF). However, the client has to be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
- Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
- The Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By signing a coaching contract with 3C or its program Qlife.coach, the client agrees to have only his/her name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared.
- According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
§16 Limited Liability
The coach is responsible for ensuring that he/she provides coaching to the best of his/her knowledge. Warranty and damage claims of the client are excluded. Consequences arising from the fact that the client provides incomplete or untrue information shall be borne by the client. Likewise, the client shall bear the consequences arising from the non-fulfilment of agreed “coaching tasks” and the failure to implement the solutions developed. In particular, 3C does not owe a certain economic result. Statements and recommendations prepare the client’s business decision. They can in no case replace them.
§17 Rights of utilisation
Unless otherwise agreed, all documents handed over to the client are included in the agreed remuneration. The documents are intended for the personal use of the client. Coaching concepts and documents are protected by copyright. The Coach holds the rights of use. Duplication is excluded. Any further use requires the permission of the Coach. Publication – even in extracts – is prohibited and can be prosecuted.
IV. Special Terms and Conditions relating to Training and Seminars
§18 Reservation of Training and Seminar Functions
- If the Customer reserves his/its participation in training and seminar functions through the Web portal under create-consult.coach, theworkshopleader.com or coachaqsakellerhoff.com, a contract shall materialize when 3C issues a written confirmation of the Customer’s participation; with the aforesaid confirmation, the registration shall then be binding for both parties. The Customer shall receive the invoice together with his/its participation confirmation.
- In the case of other reservation procedures, e.g. by telephone, e-mail, letter or fax, 3C shall forward an offer to participate in the requested training or seminar function which the Customer is able to accept in a text form within one week. With the aforesaid confirmation by the Customer, the registration shall be binding for both parties and the relevant invoice shall then be forwarded to the Customer.
- On account of the limited number of participants – and in the interest of Customers – individual applications shall be processed and taken into account in the sequence of their receipt.
- The trainers engaged by 3C for executing training and seminar functions act exclusively on behalf of and in the name of 3C during the execution of the training and seminar functions. Within a period of 24 months after the end of the training and/or seminar functions, supplementary, follow-up and new assignments with the trainers shall be executed exclusively through 3C.
§19 Prices for Training and Seminar Functions, Cancellations and Rebookings
- The prices stated in the course programs or in the online-portal apply for participating in training and seminar functions, or individually agreed prices in the case of special company functions, for example.
- The participation charge is due within five days of receipt of the relevant invoice but in all cases before the commencement of the relevant function. If the participation charge has not been paid by the commencement of the function in question, participation shall unfortunately not be possible. An early reservation discount shall only be granted if both the reservation and payment are made by the specified dates.
- Prices include training services, training documents in German or English (or where required another language) based on their availability and a midday meal (in the case of daily training sessions) and break beverages unless specified otherwise. The participants will also receive a written participation confirmation and, if the relevant examination is duly passed, a certification deed. Other costs incurred in connection with the training, e.g. accommodation and travelling expenses, shall be borne by the participants themselves. Any non-appearance, or just a temporary participation in a particular function, shall not entitle the participant to reduce the participation charge accordingly.
- If a participant does not participate in a training or seminar function and if the Customer is able to document this by means of a medical certificate, the Customer shall be entitled to a gratuitous transfer to a training session with the same course designation on the next available date. No later than 14 days before the commencement date of the function in question, participants shall also be able to submit a written cancellation of their participation in training or seminar functions as follows:
- A Customer may transfer a registration to another member of his company at any time.
- For a processing charge of € 50.00 plus VAT, a Customer shall also be entitled to transfer a registration to one other 3C function within the following six months. Any different participation prices shall be duly settled.
§20 Execution of Training and Seminar Functions, Non-Acceptance and Cancellation
- The function location is stated in the current training specification or in the confirmation letter or, in the case of company functions, in the offer or order confirmation. Any transfers of the training location are hereby reserved. The minimum number of participants is six unless otherwise agreed.
- 3C reserves the right to cancel confirmed functions for organizational or any other important reasons (e.g. in the event of an insufficient number of participants) up to two weeks before the scheduled commencement of the function in question. 3C shall, in this case, make every effort to offer alternative sessions. In the event of a rejection or cancellation of a function, e.g. attributable to force majeure, 3C shall immediately inform the participants and shall refund the participation charges already paid; no additional claims may be levied.
§21 Training Document Copyrights
All copyrights and other proprietary rights relating to training documents, including translations, reprints and duplications thereof, shall remain with 3C. Without the prior written consent of 3C, no user may reproduce, copy, distribute or publicly disseminate training documents in whole or in part and in any form whatsoever, nor for tuition purposes.
V. Special Terms and Conditions relating to the Online-Shop
§22 Contract Conclusion and Execution
- In its Online shops (create-consult.coach/shop, de.create-consult.coach/3c-shop, theworkshopleader.com, coachaqsakellerhoff.com), 3C offers various files for downloading purposes, e.g. training manuals, and other digital products. The shops do not represent a binding request for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop. Detailed information on the available print layouts is to be found by Customers in the product specifications. Customers are able to collect and subsequently order their selected documents in a virtual basket of goods. By clicking the button „Buy now” the customer makes a binding order of the goods contained in the shopping cart. Before an order is formally placed, the Customer receives a summary of the ordered goods and the relevant turnover tax and is able to verify and correct the order for its factual correctness, particularly as far as the relevant prices and quantities are concerned. 3C shall then send an order receipt confirmation to the Customer by e-mail.
- 3C does not offer products for purchase by minors. For minors, the involvement of a parent or legal guardian is required.
- 3C has prepared the texts, graphs and photographs included in the documents to the best of its knowledge and belief. Taking due account of the relevant laws and legal regulations. The final examination and assessment of the contents for the scheduled use in each particular case is the responsibility of the Customer; this also particularly applies with regard to any possible change in the operational and legal situation when the aforesaid are used, together with any amendments or supplements made by the Customer.
- A license agreement shall materialize when 3C confirms the Customer’s order in writing or when 3C has made the data file available to the Customer for downloading purposes.
- The Customer is able to download the data files after the agreed price has been remitted to 3C.
§23 Price, Despatch Costs and Payment
- The prices specified in the online shop apply. They include the legal value added tax and other price components. No packaging or despatch costs are payable; additional downloading costs may, however, be incurred for transmitting the data files through the Internet.
- The Customer may select between a PayPal, Apple Pay, Klarna, debit or credit card payment and a payment by bank transfer:
§24 Grant of Usufructuary Rights
- The documents offered by 3C and its program theworkshopleader.com and qlife.coach in their respecive online shps online shop are subject to copyright law in accordance with the German Copyright Act (UrhG), with this applying both in the original and also in any amendment. The Copyright Act applies in respect of the relevant texts and pictures and also to the layout and design. 3C reserves the right to protect the data files against any inadmissible onward transmission by means of hidden programming codes.
- Upon receipt of the full settlement of the agreed price, 3C shall assign the non-transferable and non-exclusive right to use the data files received for business purposes including the relevant texts and pictures with the aforesaid being unlimited in terms of time and geographical scope. The Customer is simultaneously entitled to store the received data files on his/its computer and to process and print the aforesaid individually. The granted usufructuary right shall not allow the Customer to transmit the documents in an unamended or amended form to third parties, neither for a compensation nor gratuitously. The granted usufructuary right shall also not permit the Customer to use the documents in the Internet or any other media.