Unless a written agreement between participating parties is provided, the subsequent terms and conditions outline the foundation for all services provided by NMT Netzwerk Medien-Trainer UG.
1. Consulting services and in-house events
1.1 Legal validity
A contract is considered to be effective upon agreement in written or e-mail form.
1.2 Scope of services
The scope of services indicated in this contract are binding. Any and all changes, to include increasing or reducing the agreed-upon services must be confirmed and agreed upon in writing by both parties.
1.3 The Customer’s responsibility
The customer is responsible for supplying the event with all the required content that NMT Netzwerk Medien-Trainer UG needs in order to effectively complete the agreed upon service. This includes but is not limited to all pertinent information, proper functioning of technical equipment and facilities, organizational support, supplies and necessary infrastructure.
The customer is responsible for organizing the number of participants for the event. Should an event be canceled due to an insufficient number of participants or for any reasons due to no fault of NMT Netzwerk Medien-Trainer UG, there shall be no reduction in the previously agreed-upon invoice total. Further details are laid out in the legally binding contract.
The prices and conditions of the services that are outlined in the contract apply. The value added tax (VAT) in accordance with German law is imposed on all prices.
If the service provided by NMT Netzwerk Medien-Trainer UG for the organization is exempt from the German value added tax (VAT), the organization shall be obligated to provide such evidence to NMT Netzwerk Medien-Trainer UG prior to invoicing.
1.5 Payment/invoicing terms and conditions
Issuance of the invoice is carried out after completion of all agreed upon services. Interim payments can be agreed upon. However, full payment is due to the bank account of NMT Netzwerk Medien-Trainer UG 15 days after receipt of the invoice.
If the customer cancels the contract in part, or in whole, less than 28 days before the event, he/she shall pay 50% of the agreed upon sum within the contract. In addition, and if applicable, any cancellation charges for travel expenses will be paid to NMT Netzwerk Medien-Trainer UG.
If the customer cancels the contract in part, or in whole, less than 14 days before the event, he/she shall pay 100% of the agreed upon sum within the contract. In addition, and if applicable, any cancellation charges for travel expenses will be paid to NMT Netzwerk Medien-Trainer UG.
Upon cancelation of the event due to ‘force majeure’, e.g. strike or illness of the trainer, the NMT Netzwerk Medien-Trainer UG will seek to find another trainer or reschedule the event. Further claims towards NMT Netzwerk Medien-Trainer UG can be pled only if willful, intentional and gross negligence can be proven.
1.7 NMT Netzwerk Medien-Trainer UG’s responsibility
The NMT Netzwerk Medien-Trainer UG and its trainers are committed to keeping information of any nature about the participants and the customer’s internal affairs confidential.
Registration to events can be completed by mail, fax, e-mail, or online through our website. The contract will go into effect once NMT Netzwerk Medien-Trainer UG confirms the registration in writing. The NMT Netzwerk Medien-Trainer UG will take into account the order in which all registrations are received. However, for professional reasons, NMT Netzwerk Medien-Trainer UG reserves the right to choose the order of any participant.
2.2 Participation fees
All participation fees as indicated in the contract will apply. The participation fee is due immediately after receipt of invoice.
Participation fees include supplement documents for the event, business entertainment, participation certificate, and usage of technical facilities. Announcements are considered to be essential. Unless otherwise indicated in the event program, accommodations are not included. In addition, a partial participation in the event will not justify a reduction in the registration fee.
2.3 Withdrawal of a participant
A participant can withdraw his/or her participation at any time as long as they do so in writing. The following staggered scale applies for all refunds:
- The full registration fee will be refunded or no registration fee will be charged for withdrawals that are made at least more than four weeks prior to the event.
- 50% of the registration fee will be refunded for withdrawals that are made up to 14 days prior to the event. All other withdrawals made less than 14 days prior, automatically constitutes a 100% forfeiture of the registration fee.
The participant reserves the right to send a substitute participant in their place and at no extra cost. However, the substitute must have their registration on hand at the time of the event and in accordance with the same conditions as the aforementioned.
2.4 Right of revocation
A private individual who registered online or via email for an open event and wishes to revoke their registration, may do so in writing as long as it’s done at least two weeks prior to the event. The deadline will commence upon receipt of such request. As protection of that revocation deadline, a timely dispatch to the following address shall suffice to comply with the revocation:
NMT Netzwerk Medien-Trainer UG
D – 72622 Nürtingen
Consequences of revocation: Upon approval of revocation, services received on behalf of both parties shall be reversed. If at the time, the customer or participant is unable to award all or part of the service back to us, they shall be held liable for compensating all or the remainder back to NMT Netzwerk Medien-Trainer UG.
2.5 Cancellation/shifting of events
In case of cancellation of the event due to illness or other cancellation of the speaker, force majeure or other unforeseeable events, there is no right to hold the event.
If the minimum number of participants is not achieved for an event, NMT Netzwerk Medien-Trainer UG, reserves all rights to cancel that event up to two weeks prior to the start date. The NMT Netzwerk Medien-Trainer UG will seek to find a substitute date for cancelled events. If for any reason a substitute date cannot be accommodated, all participants will immediately be informed and any participation fees that were transferred to NMT Netzwerk Medien-Trainer UG will be refunded.
Unless otherwise proven, continuing claims, especially claims for indemnification of the participants upon rescheduling or cancellation of an event are excluded. Such claims must prove that willful, intentional and gross negligence on behalf of the employees of NMT Netzwerk Medien-Trainer UG had taken place.
2.6 Trainer replacement
The NMT Netzwerk Medien-Trainer UG reserves the right to nominate a substitute speaker in the event of an illness or for any other unforeseeable circumstances of such nature. There will however, be no price reduction or right for cancellation given to the participant.
The NMT Netzwerk Medien-Trainer UG reserves all rights to replicate and use in its entirety, and at no cost, all material created during events. As such, participants forgo their copyrights and/or transfer them over to NMT Netzwerk Medien-Trainer UG.
3. Standard terms and conditions
3.1 Limited liability
Any liability against NMT Netzwerk Medien-Trainer UG and any of its employees for damages of any nature, regardless of legal grounds, is limited to providing concrete evidence of willful, intentional and gross negligence.
3.2 Data protection
Upon registration to an event, personal data will be collected, saved, and processed by NMT Netzwerk Medien-Trainer UG solely for the purposes of that event outlined in the offer. The NMT Netzwerk Medien-Trainer UG will ensure that the regulations of the DS-GVO will be respected and will put the necessary organizational and technological processes in place to ensure compliance with those data privacy regulations. More information is given in the data privacy statement of NMT Netzwerk Medien-Trainer UG.
Rights of translations, copies, and duplications of event-related documents or parts of those belong, if not indicated otherwise in written form, to NMT Netzwerk Medien-Trainer UG or rather their responsible trainers. No part of the documents may be processed, duplicated, or made publicly available in any form for any purpose, even for purposes of education. This applies especially to electronic systems. Software, audio, and video-material provided during events shall not be extracted, copied in parts or as a whole, changed, or deleted. Upon non-compliance, we reserve the right for indemnification claims.
4. Final provision
If not conflicting with current law, the place of fulfillment and payment of the contract is the official place of business of NMT Netzwerk Medien-Trainer UG. The possible invalidity of any particular provision of those terms and conditions does not affect the validity of all other provisions. The invalid provision shall be replaced by a comparable one that reflects the economic agreement the contracting parties had agreed upon, had they known the invalidity of said provision. For other cases, the applicable legal regulations apply.
October 2nd, 2019