General Terms and Conditions
The following terms and conditions regulate the contractual relationship between the participants of open seminar events or clients of in-house seminars and uwe freund seminare as organiser as well as between the clients of the uwe freund seminare shop and the clients of the shop.
Amendments or subsidiary agreements require the prior written confirmation of uwe freund seminare in order to be valid and apply only to the respective individual business case. Conflicting terms and conditions of the participant, client or customer shall not be recognised unless expressly agreed in writing.
Corona or pandemic-related regulations
Seminars and other events shall generally take place in the form originally planned and booked, i.e. as face-to-face or live online seminars. If attendance is not possible due to pandemic-related restrictions, the events will automatically be held as live online seminars via Microsoft Teams, Zoom, Webex, GoToMeeting or another video conferencing tool.
§ 1 Definitions and validity of the terms and conditions
The service provider within the meaning of the following terms and conditions is uwe freund seminare or uwe freund.communication, Uwe Freund.
Seminar participants, clients and purchasers of products from the service provider’s shop are referred to as customers. The customer is in any case exclusively the contractual partner.
These terms and conditions are the basis for all services and performances between Uwe Freund and the customer. They therefore also apply to all future business relationships, even if they are not expressly agreed again. Deviations from these terms and conditions are only effective if they are confirmed in writing by the service provider.
§ 2 Performance in seminars, workshops, trainings, coachings and as keynote speaker
Uwe Freund provides services in particular in the form of analysis, consulting, conception, workshops and training seminars. The scope, form, subject matter and objective of the services shall be specified in detail in the respective contract between the client and the contractor.
A basic distinction is made between
open seminars, where different clients are served at the same time, and
in-house seminars and services, where employees of a single client are trained, advised or coached.
Uwe Freund carries out all work carefully and in compliance with general industry-specific principles and in accordance with agreed topics.
The contracts we conclude are contracts for work and services, unless expressly agreed otherwise. The subject of the contract is therefore the provision of the agreed services, not the achievement of a specific result. In particular, we do not owe a specific economic result. Our opinions and recommendations prepare the entrepreneurial decision of the client. They can in no case replace it.
§ 3 Confidential Information, Data Protection
The contractual partners shall treat essential and not generally known matters of the other contractual partner with the confidentiality customary in business life.
The contractual partners will process or use personal data of the other contractual partner only for contractually agreed purposes.
In particular, they will secure this data against unauthorised access and only pass it on to third parties with the consent of the other contractual partner.
The customer agrees that Uwe Freund may store, process and use its contact information including names, telephone numbers, e-mail addresses and other data required for the performance of the contract. Insofar as the contractor makes use of third parties to provide the services which serve the contractual purpose, the contractor is entitled to disclose the customer’s data to the third party.
§ 4 Copyrights
Seminar workbooks, books, manuals, documents and electronic training media are subject to copyright and may not be photomechanically or electronically reproduced at any time or under any circumstances. They are only intended for the personal use of the participants and may not be passed on to third parties.
§ 5 Duty to cooperate
In the event of any disruptions to performance, the contracting parties undertake to do everything they can reasonably be expected to do to help remedy or limit the disruption.
§ 6 Liability
(1) Advice and training are carefully prepared and carried out according to the current state of knowledge. Uwe Freund accepts no liability for advice given and the utilisation of knowledge acquired. Uwe Freund accepts no responsibility for disadvantages that arise for participants due to a lack of seminar requirements.
(2) Uwe Freund is liable in cases of intent or gross negligence on the part of Uwe Freund or a representative or vicarious agent in accordance with the statutory provisions. Otherwise, Uwe Freund is only liable according to the Product Liability Act; for injury to life, body or health; for culpable breach of essential contractual obligations. However, the claim for damages for the breach of material contractual obligations is limited to the foreseeable damage typical for the contract, unless there is at the same time another case of mandatory liability according to sentence 1 or 2.
(3) The provisions of the above paragraph 2 shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, in particular due to defects, the breach of duties arising from the contractual obligation or from tort. It also applies to the claim for compensation for futile expenses.
(4) A change in the burden of proof to the detriment of the contractual partner of Uwe Freund is not associated with the above provisions.
§ 7 Open seminars
(1) Registrations
Uwe Freund accepts only written registrations for the entire range of open training courses and seminars. The customer can use the pre-printed form on the Uwe Freund website for registration or declare his seminar participation by letter, email, fax or registration form on the Internet. With the registration, the customer offers Uwe Freund the binding conclusion of a contract. The contract comes into effect with a written confirmation by Uwe Freund. Should this not be received within 10 days of registration, Uwe Freund will be informed of this by the customer.
All prices for open seminars are in euros (EUR) and include the following services, unless other conditions are expressly referred to in the offer:
Trainer fees, training technology, room rental, etc., as well as costs that directly affect Uwe Freund.
Participant material and documents handed out by the speaker
Lunch and conference drinks for the duration of the seminar
(2) Terms of payment
The participant will receive an invoice approximately 4 weeks before the seminar. The invoice amount is due immediately upon receipt of the invoice.
(3) Group bookings
For two or more participants per open seminar of a company (group booking), Uwe Freund grants a discount of 15% of the advertised seminar price from the 2nd participant of the group booking.
(4) Withdrawal
Open seminars can be cancelled at any time before the start of the seminar. The date of receipt of the notice of withdrawal by SC is decisive. Cancellation must be declared in writing in all cases. The following costs will be incurred in the event of withdrawal:
The cancellation fee for cancellations between 15 and 30 days is 50 %; between 15 and 7 days 75 % and from 6 days prior to the start of the seminar 90 % of the advertised seminar fee.
90 % of the advertised price.
The seminar fee is due in full from the start of the training. This also applies in the event of early departure.
(5) Deviations in implementation
Uwe Freund is entitled, for good cause, to appoint a substitute trainer, to make minor changes to the seminar content and, in the case of open seminars, to change the date and location. Any changes of date or location will be announced in good time. If, as a result, a registered participant is unable to attend the seminar, he/she may withdraw from the contract free of charge.
Due to illness of the trainer, force majeure or other unforeseeable events, there is no entitlement to the seminar being held. In this case, Uwe Freund will make every effort to offer the best possible substitute. There is no entitlement to compensation for travel and accommodation costs or loss of working hours. No liability is accepted for indirect damage, in particular loss of profit or claims by third parties.
§ 8 In-house Seminars, Consulting, Lectures and Coaching
(1) Binding period for offers
Written offers shall remain valid for three months. The date of the offer shall apply.
(2) Placing of orders
The consulting and training activities are always carried out on the basis of concluded contracts or legally valid and written orders or registrations. In addition to the task and definition of the scope of services, these must contain the deadlines to be met, the agreed remuneration and the payment modalities.
(3) Cancellation
Dates confirmed in writing for in-house seminars, consulting days, lectures and coaching sessions may be cancelled free of charge up to 30 days before the event.
Up to three weeks before the date, a one-off attempt may be made to find a replacement date. This must not be longer than 6 weeks after the original date and must be coordinated with the seminar leader’s schedule. Otherwise, we will charge the client 50% of the agreed daily fee or flat rate.
If no cancellation is made in due time, Uwe Freund will charge the full amount of the contract. Costs for external services are always to be borne by the client.
(4) Fees and costs
The fee for the contractor’s services is calculated according to the time spent on the activity (time fee) or agreed in writing as a fixed price. The first contact meeting with the client is free of charge.
A daily fee shall be agreed per day or part thereof for meetings, analyses, workshop and seminar preparations and other tasks to be carried out jointly with the Client or third parties.
For workshops and seminars, a daily or flat-rate fee shall be agreed. Other expenses, including accommodation and travel costs, shall be charged additionally.
Any accommodation and meals required by the client must be booked and paid for separately by the client.
In the case of in-house measures, the client is obliged to provide suitable rooms and necessary technical equipment free of charge.
All prices are net prices without value added tax. Value added tax shall be invoiced at the rate applicable at the time of performance.
Several clients (natural persons and/or legal entities) shall be jointly and severally liable.
(5) Terms of payment
Invoices for in-house training, management consultancy, lectures and coaching are payable immediately on receipt without deduction. If the invoice amount is not received within 30 days of the invoice date, Uwe Freund is entitled to claim interest on arrears. The interest on arrears amounts to 10% p. a.
Payments are to be made free of charge for the recipient. This also applies to payments from abroad and even if a transaction fee is incurred. The costs of the payment transaction shall always be borne by the initiator of the transaction.
All fees are exclusive of the value added tax applicable at the time of performance and documented travel expenses. If the VAT rate is changed within the contractual period, the periods with the respective VAT rates shall be deemed to have been agreed separately.
(6) Change in the scope of performance
Each of the contractual partners may request changes to the agreed scope of services from the other contractual partner in writing. The content and schedule of the seminar programme as well as the deployment of the trainers may be changed while maintaining the overall character of the seminar. This does not entitle the participant to withdraw from the contract or to a reduction of the invoice amount.
(7) Cancellation
Due to illness of the trainer, force majeure or other unforeseeable events, there is no entitlement to a performance. In this case, Uwe Freund will endeavour to offer the best possible substitute. There is no entitlement to compensation for travel and accommodation costs or loss of working hours. No liability is accepted for indirect damage, in particular loss of profit or claims by third parties.
§ 9 uwe freund seminars Shop
(1) Terms of payment
Invoices for orders in the shop are payable immediately upon receipt without deduction. If the invoice amount is not received within 30 days of the invoice date, Uwe Freund is entitled to claim interest on arrears. The interest on arrears amounts to 10% p.a.
§ 10 Place of jurisdiction
The place of jurisdiction is Munich.
§ 11 Final provisions
The law of the Federal Republic of Germany applies to our business and legal relations between Uwe Freund and the customer. Differing negotiated agreements are only valid if they have been agreed in writing.
General Terms and Conditions of Business (GTC) for Word Assistants/Birthday Papers
1 Scope: The business relationship between Verlag Uwe Freund (supplier) and the purchaser is governed exclusively by the General Terms and Conditions of Verlag Uwe Freund in the version valid at the time of the order. Any deviating terms and conditions of the purchaser shall only be valid with the express written consent of the supplier.
2 Licence agreement: By ordering the software, the purchaser accepts the licence conditions under which the software may be installed. They will be displayed again at the start of the installation:
LICENCE AGREEMENT. By ordering and installing the software, you acknowledge all rights and obligations arising from this agreement and undertake to exercise them without exception.
Subject matter of the contract
1.1 Uwe Freund, Verlag Uwe Freund, Munich grants the customer a non-exclusive, non-transferable licence for private use of the purchased computer program („Product“). Commercial use is not permitted. A special licence is required for this purpose.
1.2 The licence entitles the customer to use the Product in machine-readable form on a PC and the documentation required for its use.
Protection of the software
2.1 The customer is entitled to make a backup copy; the transfer of the backup copy to third parties or the simultaneous use of the original and the backup copy is not permitted. Without exception, actions within the meaning of § 69 c UrhG require the consent of Uwe Freund.
2.2 All techniques, algorithms and procedures contained in the product, as well as all documents which the customer receives from Uwe Freund, are trade secrets of Uwe Freund and may only be made accessible to third parties to the extent that this is necessary for the use of the product.
2.3 The customer may not remove any copyright notices or other references to the rights of Uwe Freund which are affixed to the product.
Licence fee
3.1 The purchase price also includes the licence fee for the use of the Product on a PC.
3.2 The customer is only entitled to use the product simultaneously on a multi-user system or in a network with the consent of Uwe Freund and in return for a licence fee to be agreed in individual cases.
Warranty
4.1 Uwe Freund warrants that the programme will run in the correct system environment and with correct handling for a period of six months after the purchase of the product. Furthermore, it is guaranteed that the programme has been created in compliance with recognised programming rules.
4.2 No warranties are given for technical details or a suitability of the programme for certain purposes beyond the information in the documentation belonging to the programme.
4.3 Uwe Freund’s obligation within the agreed warranty period is limited to replacing any defective programme by a substitute delivery or, at Uwe Freund’s discretion, attempting to rectify the defect. As long as Uwe Freund remedies defects by rectification or replacement with defective software, the customer can neither demand a reduction in payment nor cancellation of the contract, unless there is a definitive failure of the rectification.
4.4 The warranty is excluded for defects which are due to the fact that the customer has modified the software contrary to the provisions of this contract.
Liability
5.1 Uwe Freund is liable for damages in the event of gross negligence and intent, in the absence of warranted characteristics and in the event of grossly negligent or intentional breach of main contractual obligations. This also applies to his vicarious agents. Even in these cases, Uwe Freund shall not be liable for consequential damage that is not foreseeable in normal use or use foreseen in the contract.
5.2 Uwe Freund is not liable to the customer if a claim for infringement of property rights is based on the use of a version of the licensed product other than the latest version, provided that the infringement of property rights could have been avoided by using the latest version and this was made available to the customer.
Termination of the Licence Agreement
6.1 If the customer breaches a material provision of this contract, in particular by making pirate copies, Uwe Freund may terminate this contract without notice after becoming aware of the breach. The rights granted by this contract shall lapse upon termination. The customer is then no longer entitled to use the product.
Final provision
7.1 Should any provision of this Agreement be or become invalid in whole or in part, or should a loophole occur which needs to be filled, this shall not affect the validity of the remaining provisions of this Agreement. The invalid provision shall be deemed to be replaced by a provision which comes as close as possible to the legal and economic content of the invalid provision. This applies accordingly in the event of a loophole in the contract.
3 Conclusion of contract and withdrawal: The supplier is not obliged to accept the order of the purchaser. In the event of typing, printing or calculation errors on the website, in catalogues or other information or advertising material, as well as in the event of reasons resulting from the supplier’s assessment of the order, the supplier shall be entitled to withdraw from the contract at any time.
4 Delivery and exchange: Unless otherwise agreed, the software is delivered by sending an activation code. In response to his order, the Purchaser shall receive a confirmation with the links for the download and can download the software himself from the Internet via the corresponding link and activate it with the code. An additional delivery on CD-ROM or in another medium is expressly not possible.
According to § 3 FernAbsG as well as § 361a BGB (new), the buyer has the possibility to revoke any distance contract within a period of 2 weeks. According to § 3, para. 2.1 FernAbsG, this does not apply to distance contracts „for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature […]“.
According to § 3, para. 2.2 FernAbsG, this also does not apply to distance contracts „for the delivery […] of software, provided that the delivered data carriers have been unsealed by the consumer […]“.
Since the software is deemed to be unsealed upon delivery of the activation code, it cannot be taken back or exchanged.
5 Scope of licence: Unless expressly agreed otherwise, the purchaser acquires a single licence for private use on a single computer. The passing on of links, activation codes etc. is not permitted.
For commercial use against payment, in particular of the newspaper products („Birthday Newspaper“, „Wedding and Party Newspaper“, „The Personal Book“), the orderer must acquire a commercial licence.
6 Due date and payment, bank charges: Delivery shall be deemed to have taken place when the e-mail with the activation code and link for the download has left the supplier. Payment is then due immediately. Payment is normally made by direct debit or by charging the purchaser’s credit card. The purchaser can also transfer the licence fee in advance. Any bank charges incurred, e.g. in the event of a direct debit return (EUR 3.00 – EUR 12.00) or foreign bank transfer, shall be borne by the Purchaser.
7 Retention of title: Until all claims against the customer have been settled in full, the delivered goods remain the property of Verlag Uwe Freund.
8 Warranty for defects and liability: For the installation of macros in Microsoft Word it is necessary that the installation of macros is also permitted. If this is not the case, the software products from the series „The Personal Assistants“ cannot be installed.
If there is a defect in the purchased item for which Verlag Uwe Freund is responsible, Verlag Uwe Freund is entitled, at its own discretion, to rectify the defect or to make a replacement delivery. If Verlag Uwe Freund is not prepared or not in a position to rectify the defect/replace the delivery or if this is delayed beyond a reasonable period for reasons for which Verlag Uwe Freund is responsible or if the rectification of the defect/replacement delivery fails in any other way, the customer is entitled to withdraw from the contract at his discretion. Unless otherwise stated below, further claims of the customer – irrespective of the legal grounds – are excluded. Verlag Uwe Freund is therefore not liable for damage that has not occurred to the delivery item itself; in particular Verlag Uwe Freund is not liable for loss of profit or for other financial losses of the customer.
Insofar as the liability of Verlag Uwe Freund is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. The warranty period is six months, calculated from the transfer of risk. This period is a limitation period and also applies to claims for compensation for consequential harm caused by a defect, insofar as no claims in tort are asserted.
9 Applicable law and place of jurisdiction: German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all claims, including those arising from a cheque obligation, in connection with the business relationship is Munich. Verlag Uwe Freund is also entitled to take legal action at the general place of jurisdiction of the customer.