Terms and Conditions

TEAMTHINK

Dipl. Psych. Weert Kramer, Schauenburgerstr. 116, 24118 Kiel, Germany

§ 1 Subject of the contract

1.    Acting on behalf of the Customer, the Contractor provides advice and carries out seminars, workshops, coaching sessions, team development or incentive sessions for staff training and development purposes.

2.    The Customer hereby commissions the Contractor to act for the Customer in future, as discussed and agreed.

§ 2 Contractor's services

1.    The Contractor provides his services on the basis of the concepts approved by mutual agreement with the Customer.

2.    The individual details of the nature and scope of services provided shall be agreed by the parties to the contract by mutual consent, this taking the form of an order confirmation signed by the Customer in respect of the specific offer submitted by the Contractor. The Contractor's offer shall contain a description of the concept for the specific event and the time required for both planning and implementation. The Customer is at liberty to decline individual events from the Contractor's offer, or to refuse the Contractor's offer in its entirety.

§ 3 Remuneration

1.    The Customer shall pay the Contractor a flat-rate fee.

2.    Exceptional consultancy services, in particular the production of extensive assessments, shall be remunerated separately, subject to prior agreement between the parties.

3.    The fee shall be due for payment within 14 days of an event taking place and the invoice being submitted.

4.    Any costs arising for hotels and travel, costs for seminar premises, conference technology and team events shall be borne by the Customer.

5.    The fee shall be €XXX for each actual day of the event. Preparatory days/staff days/conception days shall be invoiced at the rate of €XXX per day. Telephone coaching/consultancy/conferencing will be invoiced at the rate of €XXX per hour.

6.    The costs of travel to and from the event venue shall be invoiced at the rate of €0.40 per kilometre.

§ 4 Miscellaneous claims

1.    All claims of the Contractor against the Customer arising out of this contract are deemed settled on payment of the remuneration agreed in this contract.

2.    The Contractor himself is responsible for declaring this remuneration for tax purposes.

§ 5 Term of the contract

This contract comes into force on the date it is signed and can be terminated by either party at any time, by means of written declaration. The reference date here is the date of receipt of the declaration by the Contractor. In respect of orders already issued for events before the date of notice of termination, the contract shall remain in effect until the events are completed.

§ 6 Time and place of service provision

The time and place for carrying out an event and commencement of preparation for an event shall be agreed between the parties to the contract, by mutual consent.

§ 7 Cancellation terms

1.    The Customer may cancel orders for events at any time prior to commencement of the event, by means of written declaration. The reference date is the date of receipt of the declaration by the Contractor.

2.    In the event of cancellation of the order by the Customer, the Contractor is entitled to a flat-rate claim to compensation against the Customer, to the following level: cancellation after commencement of preparation for an event up to 7 working days before commencement of the event: 50% of the entire fee. Cancellation within 7 working days of commencement of the event: 100% of the entire fee.

§ 8 Liability

Within the framework of their third-party liability insurance policies, the parties to the contract bear liability for personal, material and property damages attributable to their fault or to the fault of any person they may have commissioned for the task.

§ 9 Use of media

1.    The Customer shall provide media/equipment for the Contractor in a state of perfect technical working order.

2.    The Contractor accepts no liability for damages arising in the course of any use of materials and equipment conforming to typical seminar use.

3.    The Customer shall provide the technical equipment and consumables required to allow the seminar to take place. These include, as required, flip chart, MetaPlan walls (pin boards), projector and projector screen area, video camera.

§ 10 Non-competition clause

1.    Throughout the term of the contract, the Contractor undertakes not to make his knowledge and ability available in the service of any company in competition with the Customer, nor to set up any such company.

2.    The use of the information of which the Contractor gains knowledge in connection with his activity on behalf of the Customer shall be restricted to use for the purposes of the specific events commissioned by the Customer.

§ 11 Customer's obligation to co-operate

The Customer shall take steps to ensure that the documents required by the Contractor for the fulfilment of his activities are provided in good time and contain accurate information. This applies similarly for documents, procedures and circumstances which only become known in the course of the Contractor's activity.

§ 12 Non-disclosure obligation, data protection

1.    The Contractor is obliged to observe confidentiality in respect of all information of which he gains knowledge in connection with his activity on behalf of the Customer, irrespective of whether this information relates to the Customer itself or its business relationships, unless the Customer should release the Contractor from this obligation to observe confidentiality, in writing.

2.    The Contractor is only authorised to process or have processed personal data entrusted to him within the context of his activity with the Customer's express prior consent provided in writing. In the event of third parties being involved, the Contractor must ensure that these third parties are obliged to observe confidentiality.

3.    This obligation on the Contractor to observe confidentiality shall apply for 2 years after this contract is terminated.

§ 13 Safekeeping and return of documents

1.    The Contractor undertakes to store all of the business and operational documents made available to him properly, and in safekeeping, and in particular to take steps to ensure that no third party may access them.

2.    The documents provided must be returned to the Customer on request during the term of the contract, and as a matter of course at the end of the contract without the Customer being required to issue any specific request.

§ 14. Copyrights

The Contractor guarantees that the training documents shall be unencumbered by any third-party rights. The right of use to all know-how falling within the compass of the contract and used in the training shall remain as the exclusive property of the author. The Customer may make use of the know-how arising within the context of the training provided, free of charge.

§ 15 Final provisions

1.    To be effective, any changes and additions to this contract, including this specific clause, must be applied in written form.

2.    There are no additional verbal agreements in existence.

3.    If any individual provision or provisions of this contract should be, or should become, ineffective, this shall have no effect on the validity of the remaining provisions. In this case the parties to the contract shall replace the invalid provision by some other arrangement most closely approximating to the commercial purpose of the discarded provision, applied in an admissible manner.

4.    The exclusive place of jurisdiction is Kiel.

 

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