§ 1 Applicability
(1) These terms and conditions apply to all legal relations between the provider (I) and the participant (you) for participation in coachings, online courses, and webinars (subsequently referred to as services).
(2) Coachings within the meaning of this contract are individual coaching sessions between me and a pre-determined number of participants with the goal of supporting the participants’ decisions and solutions to problems. Online courses within the meaning of this contract are prepared sequences of lessons for several participants, which are offered online. Webinars are online offers for individual instruction on a certain topic, which may be part of an online course or stand alone.
(3) There have been no additional oral agreements. All future amendments to this contract must be documented in text form; this includes the waiver of this text-form requirement.
§ 2 Conclusion of Contract
(1) The contract will be concluded with Tim Ludwig, Spechaa Str. 8, 76297 Stutensee.
(2) The contract can be concluded in person or by means of telecommunication.
(3) The language of the contract is English.
(4) I keep and store a written contract, but a contract may also be concluded orally or in text form (for example by e-mail).
(5) I may withdraw from the contract about the services, if there is an important reason in your person to deny your participation.
§ 3 Payment / Default
(1) Unless otherwise agreed, all prices include VAT. The fees do not include expenses for your travel and food and potential connection costs in case of online content.
(2) You have to pay the invoice immediately. You will be in default of payment at the latest 30 days after receipt of the invoice.
(3) For online services, you can pay via bank transfer; I will provide the necessary bank details to you.
§ 4 Content and Venue of the Services
(1) My services are detailed in my offer.
(2) Coaching includes suggestions and motivations for your insights, behaviour, or experience. To this end, I set impulses and reflect together with you on the processes thus triggered in you. Coaching is not specific advice, let alone guiding the client in certain decisions. Coaching is therefore dependent on your active and open participation and reflection.
(3) The depiction and description of the services on my website only serve to illustrate and is only an approximate information. Complete adherence thereto is not guaranteed.
(4) I may adapt the content or the schedule of the services for professional reasons, for example when the content requires an update or further development, unless this would change the content substantially in a way that would be unacceptable for you.
(5) I may change the time of the advertised services if the change is conveyed to you in due time and if it is acceptable for you.
§ 5 Your Obligations
(1) You may only use the services in person and must not make them accessible to third parties, unless otherwise agreed.
(2) You must not copy service content, nor store it outside of my services, unless explicitly permitted or otherwise agreed.
(3) For online content, you will receive access data from me. The access data is supposed to prevent unauthorized persons from using the course. The participant must protect the access data from the unauthorized access by third parties.
(4) The coaching is based on preparatory talks. It is based on cooperation and mutual trust. You are not obligated to undergo the coaching or to implement the recommendations given. During the coaching, participants bear sole responsibility for their physical and psychological well-being. Participants recognize that all steps and measures implemented as part of the coaching lie within their own realm of responsibility.
§ 6 Availability of Content
(1) The online services will be accessed over the internet and can only be fully used if you have an internet connection with sufficient speed. It is up to you to ensure these conditions.
(2) I strive to make the online content as available as possible. But constant availability cannot be guaranteed, as it also depends on the functionality of the internet infrastructure, upon which I have no influence.
(3) I may temporarily limit or permanently block the use of the online content, particularly for maintenance and improvement as well as for other reasons required for the provider’s operation. I will take care of the participants’ average concerns (for example when setting maintenance times). In the case of urgent disruptions, I may also carry out troubleshooting during regular business hours.
(4) I am not liable for force majeure or for operational disruptions affecting me or my subcontractors, for example through riots, strike, lock-out, pandemic, disease, which will temporarily prevent me from providing the services without my own culpability. I am also not liable for data loss and non-availability which could have been easily avoided by you using appropriate measures in accordance with current technological standards and the rules of self-protection.
(5) If I am unable to provide the services due to force majeure, my obligation to provide the services will rest for as long as the impediment to the performance lasts.
(6) If the impediment to the performance lasts for more than one week, you may terminate the contract without notice if the performance of the contract won’t be of further interest to you due to the hindrance.
§ 7 Cancellation
Consumers have a right of cancellation, except for digital content, if the consumer has requested the immediate provision of services from the provider and the provider has pointed out to the consumer that this will void the right of cancellation. For mere online courses, the right of cancellation thus expires immediately as soon as the consumer accepts the service (for example by logging in or by downloading). Insofar, the rules about refunds for services do not apply.
Right of Cancellation
You have the right to withdraw from this contract within fourteen days without providing reasons. The 14 days are counted from the day of the conclusion of the contract. To exercise the right of cancellation, you must inform me (Tim Ludwig, Spechaa Str. 8, 76297 Stutensee, Germany, cancellation@timludwig.de, +4915141361503) unequivocally about the decision to withdraw from this contract (for example by letter or e-mail). For that purpose, you may but don’t have to use the linked standard withdrawal form. The cancellation notice is deemed to have been issued in due time if you mail off the notice about exercising the right to withdraw before the end of the deadline.
Consequences of the cancellation
If you withdraw from this contract, we must refund all payments, which we have received from you, without delay and no later than fourteen days from the day on which we have received the cancellation notice for this contract. For the refund, we will use the same payment method that you used for the original transaction, unless otherwise and explicitly agreed with you. In neither case will we charge you any fees in connection with this refund.
If you have requested that the services begin during the cancellation period, you have to pay an adequate amount to us for the part of the services rendered up to the time when the right to withdraw from the contract was exercised (as a pro-rata share of the full extent of the services covered by the contract).
§ 8 Cancellation of the Services
(1) I may cancel the performance of the services if I or a third party, which has been instructed by me to provide services, like a speaker or a venue, suffers from an event such as a riot, strike, lock-out, natural disaster, pandemic, storm, traffic problem or illness, which prevents me without my own culpability from providing the services at the agreed time.
(2) I must inform you of a possible cancellation as soon as possible.
(3) In case of cancellation pursuant to paragraph 1, you are not entitled to compensation.
(4) In case of cancellation, I will offer a substitute date to you. If no agreement is reached on this, I will refund to you the fees that you already paid.
§ 9 Hindrance of the Participant
(1) If you withdraw from the services or refuse to participate for a different reason, you must pay the agreed fees minus the expenses that I will save due to the non-participation.
(2) You will receive a further refund if the online course or webinar will be fully booked nonetheless, if the number of attendees was limited, or if you meet the requirements of clause (3). Then, I will refund to you the fees you already paid, but I deduct the expenses caused by you.
(3) You may name a different participant as replacement. I am under no obligation to accept a replacement. However, I will lose the right to the fee if I would reasonably have had to accept the replacement.
§ 10 Copyright and Intellectual Property Rights, Recordings
(1) All of my event documents are protected by copyright law. This concerns the content on the my website, presentations, lecture notes, and other event documents. You are not permitted to copy, to distribute, or to make public any such documents, unless otherwise agreed.
(2) You are obliged to keep all protected course content secret and not to disclose it to third parties. You are prohibited from using the protected course content for purposes other than your own information. In particular, you are prohibited from using the information for competitive purposes.
(3) You are not allowed to make picture, film, or audio recordings of the event without my explicit permission.
§ 11 Provider’s Liability
(1) Coaching is the individual development of methods, behaviors, and attitudes and, thus, it is always highly dependent on the participant’s cooperation. I cannot guarantee a specific outcome of the coaching.
(2) My statements and recommendations only lay the groundwork for your decision. They cannot replace it in any way.
(3) For online coaching sessions, I am only liable for the correct introduction of the data to the internet at my point of access. I am not liable if the properly introduced data does not reach you in sufficient quality. In particular, I am not liable for your receiving configuration or network operators’ errors.
(4) I am not liable for the content of external links on my website.
§ 12 Data Protection
(1) For the contract, contractual data are collected in accordance with Art. 6 para. 1 (b) GDPR (for example name, address and e-mail address, possibly also services used and all other electronically or for the purpose of storage transmitted data, which are required for the performance of the contract), insofar as they are required for the conclusion, negotiation, or amendment of a contract.
(2) The contractual data will only be passed on to third parties insofar as it is necessary to perform the contract (in accordance with Art. 6 para. 1 (b) GDPR), for the overwhelming interest in an effective performance (in accordance with Art. 6 para. 1 (f) GDPR) or if consent has been given (in accordance with Art. 6 para. 1 (a) GDPR) or if there is another statutory permission. The data will not be passed on to a country outside of the EU, unless the EU Commission has determined a similar level of data protection as in the EU, consent has been provided or standard contractual provisions have been agreed with the third-party provider.
(3) Concerned individuals may at any time and free of charge request information about the personal data stored about them. They may at any time request that incorrect data be corrected (also by way of adding information) as well as the limitation of the processing of their data, or even the deletion of their data. This applies in particular if the reason for the data processing no longer exists, if a required consent has been withdrawn and there is no other legal basis, or if the data processing is illegal. The personal data will then be corrected, blocked, or deleted without delay and according to statutory requirements. It is always possible to withdraw the consent for the processing of personal data which had been given previously. This may be done without any formal requirements, for example by e-mail. The withdrawal has no effect on the legality of the data processing carried out up to that point. There is a right to request the transfer of the contractual data in machine-readable form. In the case of a suspected violation of rights by the data processing, a complaint may be filed with the competent supervisory authority.
(4) The data will generally only remain stored as long as the purpose of the respective data processing calls for it. Storage beyond that time is possible if it is necessary to pursue legal claims or for legitimate interests or in cases of a statutory obligation to store the data for longer (for example tax-law requirements to maintain records, statute of limitations).
§ 13 Jurisdiction / Final Clauses
(1) The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/.
(2) Before bringing a case to court, the participant and the provider must attempt to reconcile their differences through mediation. For that purpose, the parties will agree on a mediator, with a preference for a mediator who offers online mediation, if available. If the parties cannot agree on a mediator, the President of the Bar Association or his/her representatives at the seat of the provider shall make that determination with binding effect for both parties.