General terms and conditions

General Terms and Conditions of Mind Art.team Beratung & Training Krizian & Winkel PartGmbB.

Status: 10.02.2019

1. Scope of application

1.1 For all seminars, trainings, workshops or other services of MindArt.team Beratung & Training Krizian & Winkel (hereinafter referred to as MindArt), our general terms and conditions (GTC) apply in addition to the respective contractual agreements. With the registration or commissioning of MindArt by the customer, these terms and conditions are considered accepted. Deviating general terms and conditions of customers are hereby contradicted. Such deviating terms and conditions shall only be recognized if this has been expressly agreed in writing.

1.2 The GTC apply to all services offered by MindArt. The customer can retrieve and print out the GTC at www.xxx or request them at the email address xxx.

2. General regulations

2.1 MindArt's offers are directed at end customers and organizations (hereinafter referred to as customers).

2.2 Ancillary agreements must be agreed in writing; individual agreements always take precedence.

2.3 The business relations between MindArt and the customers are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

3. Services of MindArt

3.1 The activity of MindArt xxx consists of independent and instruction-free consulting (coaching, mediation, organizational development) and training of the client as a service according to §§ 611 ff. BGB.

3.2 A concrete success is neither owed nor guaranteed. The customer is solely responsible for deciding on the implementation, timing, type and scope of the measures recommended by or agreed with MindArt. This also applies in the event that MindArt accompanies such measures in coordination with the customer.

3.3 The concrete content and scope of the service to be provided by MindArt is based on the order placed in writing. If the necessity of additional or supplementary activities arises, MindArt will draw the customer's attention to this. In this case, an order extension by MindArt also occurs by the customer requesting or accepting the additional or supplementary activity.

3.4 MindArt reserves the right to reassign or change the consultants or trainers used for seminars, trainings, workshops or other services. The booked service is not bound to a specific personnel support. In the event of a replacement or reassignment, this shall be carried out exclusively by similarly qualified MindArt trainers/consultants. The customer shall not have any claims arising from this, in particular not for cancellation or rebooking.  

3.5 In the event that a consultant or trainer is ill or otherwise prevented from attending for reasons for which MindArt is not responsible, the appointments will generally be carried out by other consultants or trainers. In individual cases, individual booked appointments can be made up at a later date.

3.6 If, due to the behavior of a participant during the seminar, training, workshop or other service provided by MindArt, it becomes apparent that the implementation of the measure is unsuitable for the participant or that the participant is hindering the progress of the seminar, training, workshop or other service provided by MindArt, MindArt reserves the right to declare the participation of the customer as terminated. In this case, the participation fee for the units not attended will be refunded.

4. Granting of rights of use / copyrights

4.1 The transfer or presentation of written elaborations, graphics or results of MindArt to third parties requires the prior consent of MindArt and takes place solely in the interest of and on behalf of the client. The third party is not thereby included in the scope of protection of the contract between the client and MindArt. This also applies if the third party bears all or part of the remuneration for MindArt's activities on behalf of the customer or takes over these.  

4.2 Insofar as MindArt, upon full payment of the agreed price to the respective customer, transfers the temporally and spatially unlimited, non-transferable and non-exclusive right to use received documents or files including the texts and images in the business area within the customer's company, the customer is entitled to save and print the received files on his computer. The right of use granted does not allow the customer to pass on the documents in unchanged or changed form to third parties against payment or free of charge without the consent of MindArt. The right of use granted also does not allow the customer to use the documents on the internet, intranet or other media.

4.3 In the event of the aforementioned business use of documents or files within his company, the customer is obligated to clearly indicate MindArt's authorship (copyright) on all documents and files (also processed or reproduced). The copyrights remain with MindArt in all cases.

5. Sales tax and payment

5.1 Unless otherwise stated, the agreed fees or prices are net plus VAT at the respective statutory rate. 

5.2 Unless otherwise agreed, payment obligations of the customer are due immediately after invoicing. If a customer defaults on its payment obligations, MindArt may demand compensation for damages in accordance with the statutory provisions and/or withdraw from the contract.  

5.3 MindArt always issues an invoice to the customer. MindArt sends the invoice as a pdf file by e-mail.  

5.4 MindArt is entitled to invoice for the services specified in the respective contractual relationship after completion of the activity as well as for partial services according to the effort incurred, or to demand partial or advance payments.

5.5 Insofar as MindArt makes use of licensed products within the scope of its activities for the customer, invoicing shall be carried out by MindArt on behalf of the licensor.

6. Set-off and rights of retention

The customer only has the right to offset if the counterclaims are recognized by MindArt or have been legally established. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

7. Warranty / Liability

7.1 MindArt provides its services according to the latest neuroscientific findings and with the usual care for such services. The basis for the warranty is the project-related task definition developed together with the customer.

7.2 MindArt is liable for material defects and defects of title according to the legal regulations. Liability for licensed products of third parties is excluded. MindArt is not liable for the consequences of decisions regarding content and in relation to claims from third parties, which arise as a result of jointly executed projects.

7.3 A customer may only assert claims for damages against MindArt outside of liability for material defects and defects of title in the event of intent or gross negligence. The exclusion of liability shall not apply in the event of injury to life, limb or health and in the event of a breach of material contractual obligations. Except in the case of intent, gross negligence and damages resulting from injury to life, body or health, the liability of MindArt is limited to the amount of damages typically foreseeable at the time of the conclusion of the contract.  

7.4 MindArt's liability does not apply if the damage that has occurred is also due to incorrect or incomplete information or documentation provided by the customer. The same applies if the customer does not notify MindArt in writing of circumstances that give rise to liability within 14 calendar days of becoming aware of them.  

7.4 Liability according to the product liability law and other mandatory legal regulations remains unaffected.

8. Data protection

The customer is aware of and consents to the fact that the personal data required to process the order is stored by MindArt on data carriers. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by MindArt. The collection, processing and use of the customer's personal data is carried out in compliance with the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and the Basic Data Protection Regulation (DSGVO).  

The customer agrees that his personal data may be stored even after termination of the contractual relationship for the purpose of further support, quality assurance and documentation. In particular, the customer agrees to the sending of photo documentation by e-mail at the end of a booked seminar or attended event.

Personal information may also be used, with the customer's prior express consent, to provide information about products, marketing measures and other services.  

For more detailed information on data protection, the collection, processing and use of personal data and associated rights of the customer to information, objection, revocation, complaint, correction, deletion or restriction, please refer to the data protection declaration, which can be accessed at www.mind-art.team and printed out or requested in writing by sending an e-mail to info@mind-art.team.

9. Duties of the customer

9.1 The customer undertakes to support the activities of MindArt. In particular, the customer creates free of charge all conditions in the area of its sphere of operation that are necessary for the provision of services and provides the information and documents necessary for the execution of the order in a complete, correct and timely manner. Insofar as MindArt is deprived of the required reasonable prerequisites, the customer shall separately remunerate the resulting waiting times, which shall be documented.

If the client, after being requested to do so by MindArt, does not provide the cooperation actions incumbent upon him or does not provide them in full, MindArt is entitled, but not obligated, to terminate the concluded contract without notice after prior written notice. In this case, MindArt may invoice the client either for the services actually provided and costs incurred up to the time of termination, or instead for the agreed or projected total remuneration less the expenses saved due to the premature termination of the contract.

9.2 The customer undertakes not to hire or engage any MindArt consultants / trainers used in connection with the performance of the consulting services before the expiration of 24 months after the termination of the cooperation.

10. Duties of MindArt

MindArt undertakes to maintain unlimited confidentiality towards third parties about all operational, business and private matters of the customer that become known in the course of the activity, even after the termination of the contract. Furthermore, MindArt undertakes to carefully store the documents provided for the purpose of the consulting activity and to protect them against inspection by third parties.  

MindArt is obligated to have its partners / consultants sign a corresponding declaration of obligation upon request.

11. Protection of work results

The reports, plans, drafts, lists, graphics and calculations prepared by MindArt may only be used for the contractually agreed purposes. Any non-contractual use of these services, in particular their transfer or publication, requires the prior written consent of MindArt. This also applies if the service provided should not be the subject of special legal rights, in particular copyright.

12. Prices and cancellation conditions

1. Prices

The prices stated in the course programs or in the online portal or, e.g. in the case of company events, the prices agreed individually in writing shall apply to participation in MindArt training, seminar or special events.  

The participation fee is due for payment immediately upon receipt of the invoice, in any case before the start of the event. If the participation fee has not been paid by the start of the event, participation is unfortunately not possible.  

The prices include the training services, the training documents according to availability in German or English unless otherwise stated. Participants will also receive a written confirmation of participation and, in the case of a passed exam, a certificate. Other costs in connection with the training, such as accommodation or full board costs and travel expenses are to be borne by the participant. In case of booking services of the Mind Art Hotel or another hotel, this is subject to a separate contractual relationship between the customer and the hotel. A no-show or only temporary participation in an event does not entitle to a reduction of the participation fee.

2. Cancellation conditions for open seminars, education and training courses

Cancellation / Withdrawal from individual seminars
Cancellation of an individual seminar must be made in writing by mail, fax or e-mail. A possible cancellation must be received in writing at least 21 days before the start of the course. A handling fee of 50,- EUR will then be charged. In case of later cancellation, the seminar fee must be paid in full, unless a substitute participant can be provided. This also applies in the case of cancellation at short notice due to illness or discontinuation of course participation.

Cancellation / Withdrawal from training and further education courses
Cancellation of training and further education courses must be made in writing by mail, fax or e-mail. The following provisions apply:
If the withdrawal is made up to 60 days before the start of the training, a cancellation fee of 5% of the training fees must be paid. If the written notice of withdrawal is received up to 30 days before the start of the training, the cancellation fee will be increased to 10% of the fees. If the cancellation occurs later than 30 days before the start of the training, the entire training fees are due for payment, unless a substitute person can be provided who assumes the rights and obligations of this training / continuing education contract without restriction.

If the cancellation is made 3 months or earlier before the start of the event, it is free of charge; any participation fees already paid will be refunded by MindArt.  
If the cancellation is made between 3 months and 4 weeks before the start of the event, a processing fee of Euro 150.00 plus VAT will be charged for single-part events and Euro 300.00 plus VAT for multi-part events; any participation fees already paid in excess of this will be refunded by MindArt.
In the event of a later cancellation, 75% of the participation fee will be charged.
If, in the case of a multi-part event, participation in the subsequent event is cancelled after the first part, there is no entitlement to a refund of part of the fee or to participation in another closed group.

3. Cancellation conditions in-house measures

If a customer cancels a booked in-house measure/event (trainings, also workshops, coachings, mediations and special events booked within the scope of consulting orders), the following conditions apply:

If the cancellation is made 3 months or earlier before the start of the event, it is free of charge; any participation fees already paid will be refunded by MindArt.  
If the cancellation is made between 3 months and 6 weeks before the start of the event, 50% of the agreed fee will be due.
In case of a later cancellation, 75% of the participation fee will be charged.

4. Ccoaching/mediation sessions

If a client cancels a booked coaching or mediation session, the following conditions apply:

If the cancellation is made 2 weeks or earlier before the start of the session, it is free of charge 
If the cancellation is made between 2 weeks and 48 hours prior to the start of the session, 50% of the agreed fee will be charged
In case of later cancellation, 100% of the session fee will be charged.

13. Implementation of training and seminar events, cancellation and cancellation, legal notices

Should we be forced to cancel the seminar for important reasons (e.g.: illness of the trainers or falling short of the minimum number of participants), the payments made will be refunded immediately. No further claims can be made. Participants have no right of withdrawal if the scheduled instructors or the seminar location have to be changed.

The venue is specified in the current training description or in the confirmation letter. We reserve the right to change the venue of the event. Unless otherwise agreed, the minimum number of participants is 6.  

MindArt reserves the right to cancel even confirmed events up to two weeks before the start of the event for organizational or other important reasons (e.g. insufficient number of participants). In this case, however, MindArt will make every effort to offer alternatives. In the event of cancellation or cancellation of the event, e.g. due to force majeure, MindArt will inform the participants immediately and refund any participation fees already paid; there are no further claims.

The events of MindArt do not represent services in the medical or naturopathic sense, but serve solely the personality development of the participant. For a physically and mentally normal healthy person the participation in events of MindArt does not represent a health risk. Each participant bears full responsibility for himself and his actions inside and outside the event and is responsible for any damage caused.

14. Severability clause

Should any provision of these General Terms and Conditions be or become legally invalid, this shall not affect the legal validity of the remaining provisions. In this case, the contracting parties shall agree on a legally valid provision that comes as close as possible to the meaning and purpose as well as the economic objective of the invalid clause.

The same procedure shall be followed if there is a loophole which is to be closed by a supplementary interpretation of the contract.