GENERAL TERMS & CONDITIONS

CORMENS GmbH 

These General Terms and Conditions (AGB) shall apply to all contractual relationships between CORMENS GmbH and their respective contract partners.

Individual agreements in writing as well as the content of each respective contractual agreement shall have priority. Conflicting AGB provisions of the respective contract partners will only become an integral part of the contract when specifically confirmed in writing by CORMENS GmbH.

 

First meeting/Situation assessment
The first meeting will serve to assess the situation and get to know each other, is normally free of charge and no travelling expenses will be charged. The situation assessment (as well as the whole of the collaboration) is strictly confidential. This meeting is estimated to take approx. 2 hours (in the case of coaching approx. 30 minutes to get to know each other).

At the first meeting the aims of the collaboration will be agreed upon and – upon agreement- projects. Agreed projects will be summarized in an offer and/or contractual agreement by the contact person at CORMENS GmbH.

Should consulting services be required at the first meeting, respectively if the first meeting should exceed the usual limits (see above) and/or consulting, coaching or analysis services by CORMENS GmbH already be necessary, a charge (see costs of collaboration) will be made. This will only be made, however, with the client’s explicit consent.

 

Services and costs of collaboration
The content and substance of all individual projects shall be agreed on in advance. A contract shall be concluded in writing or is considered to be concluded when terms based on the offer or contractual agreement are confirmed by the client.

An individual contract agreement will be attached to each offer. This agreement will specify the exact daily, half-day and hourly fees of the service provider as well as the costs for implementing measures. The costs listed herein are binding on both parties for the duration of the project. Any incidental expenses are in addition to the respective fees (see incidental expenses).

The contract shall be concluded by the contractual agreement between CORMENS GmbH and the contract partner. This can be done by post or by e-mail, whereby the written form must be maintained in each case by a personal signature.

Any changes or additions to the contract shall only be effective when agreed in writing by CORMENS GmbH.

Incidental expenses incurred on the part of CORMENS GmbH will be charged according to individual documents. These expenses consist of the following: 

  • Accommodation expenses: hotel costs (general agreements with various hotel chains)
  • Travelling expenses: flights (economy class), train, 1st class (also confirmed by self-written documents), taxi at cost rates, hired car (general agreement with Sixt, company car €0.60/km)
  • Equipment (such as e.g. video projector, presentation materials) and documents for participants (such as e.g. handouts, project folders, notepaper) will be charged at cost rates.
  • Alternatively - if agreed between client and CORMENS GmbH – the incidental expenses can also be charged at a flat rate of the contract fee to be agreed upon.

Invoices will be issued immediately after the provision of services. If flat rates have been agreed then the invoices will be issued at the end of each month, payable without deductions within 10 days of receipt of invoice.

CORMENS GmbH shall provide services itself or through its own employees. The company shall also be entitled to provide services through freelance employees.

 

Proposed dates, Confirmation, Cancellation periods
The client will receive project dates from CORMENS GmbH as proposed dates which are to be confirmed at short notice. The dates are then considered to be confirmed and binding on both parties when they have been confirmed in writing (by e-mail or by post) to the service provider within 14 days of the date being proposed. If these dates are not confirmed by the client within 14 days, the entitlement to these dates expires without notification being required. 

  • On cancellation of agreed planning days, training and events by the client less than eight weeks but at least four weeks before commencement, then 50% of the agreed fee will be charged.
  • Should the cancellation be made less than four weeks before commencement, then 75% of the agreed fee is payable.
  • Should the cancellation be made less than three days before the commencement of the event, then 90% of the agreed fee plus the hypothetical travelling costs are to be paid.
  • All cancellations, regardless of their notice period, must be made in writing (e-mail, post) to CORMENS GmbH, Sophienstraße 2, 80333 München to be valid.
  • In particular verbal cancellations or cancellations vis-à-vis our project employees are not valid.
  • Coaching dates on the premises of CORMENS GmbH should be cancelled at the latest two working days before the date (coaching on the client’s premises, five working days); otherwise the fees and costs already incurred will be charged in full. Cancellations are to be made in written form (e-mail, by post).

 

Confidentiality
The contract partner is aware that the required data for the execution of the contract will be stored by CORMENS GmbH. On conclusion of the contract the contract partner agrees to the processing of his/her data for internal purposes. The data will not be disclosed to third parties by CORMENS GmbH.

CORMENS GmbH undertakes to treat as confidential all procedures of which it has gained knowledge through the collaboration with the contract partner, provided that these are not contrary to urgent legitimate interests of CORMENS GmbH (e.g. enforcement of fee claims).

CORMENS GmbH will maintain silence on the personal and company-related content of the projects. The application and effects of methods will be used anonymously for teaching and supervision purposes so that it is not possible to identify the client. CORMENS GmbH shall use the means of intervention available to it for the benefit of participants. The contract partner shall make available all required documents and information which are necessary for the proper performance of the contract.

CORMENS GmbH and its employees expressly reserve the right to terminate the contractual relationship without notice on substantial disruptions to events or in cases of criminal offences (e.g. libel/slander or theft) against CORMENS GmbH or other contract partners, and to excluded the contract partner from further participation. In this case CORMENS GmbH expressly reserves the right to claim further compensation for damages.

CORMENS GmbH shall be entitled to also offer its services to the contract partner’s competitors. CORMENS GmbH shall be entitled to use the contract partner’s company logo free of charge on the reference list available on the CORMENS GmbH homepage for advertising purposes. The contract partner can object to this right of use hereby assigned at any time.

 

Note on the equal treatment
The terms presented and used in this website apply equally to the masculine and feminine form and are not used to the disadvantage of one gender. This also applies to the exemplary reproduction of sample facts or quotations from judgements or other facts provided for information.

 

Copyright protection
All publications, in particular concepts, event content, documents and brochures of CORMENS GmbH and its employees are protected by copyright. The same applies to sound or video recordings of events. The contract partner shall be entitled to use the publications and information obtained within the event that he/she has booked and paid for for his/her own internal purposes. 

The contract partner is prohibited from making documents available to third parties or from copying them for third parties, whether for payment or free of charge. As a precaution the contract partner shall be advised of the fact that infringement of copyright justifies obligations to provide compensation or obligations to abstain from actions as well as being liable to be prosecuted. 

 

Copyright
The content created by the site operator, as well as posting on these sites are subject to German copyright. Third party contributions are marked as such. Copying, editing, distribution and any use of the contents outside the limits of the copyright laws require the written consent of the author or creator. Downloading and copying of these pages are permitted only for private, non-commercial use. The operators of this website make every effort to observe the copyrights of others or to use their own work or license free works.    

 

Scientology
CORMENS GmbH assures you that neither its own employees nor the freelance employees engaged are members of Scientology, or have ever taken part in such courses; that they do not work according to the technology of L. Ron Hubbard; that neither their employees nor lecturers engaged have been trained or train according to the technology of L. Ron Hubbard and have not taken part in schoolings, respectively courses and/or seminars/congresses according to the technology of L. Ron Hubbard; that they also reject the technology of L. Ron Hubbard for managing a company (to carry out events). And this declaration is just as valid for all other sects of any kind. 

 

Liability
The employees of CORMENS GmbH shall support the client to the best of their knowledge. Responsibility for the success of the proposed measures will remain, however, in each and every case with the client. CORMENS GmbH and its authorized employees shall also not be liable for damages or claims of third parties arising from insufficient briefing/use of the services provided for a purpose other than that agreed on. Services will be prepared and carried out according to the current standard of knowledge. No liability shall be assumed for advice given, the accuracy of the content taught in training and the use made of the knowledge acquired. 

This exclusion of liability shall not apply in cases of gross negligence and malicious intent. Liability shall be limited in each case to the amount of the contractual remuneration paid. Liability for consequential damages is excluded. 

  

Liability for content
The contents of our pages were compiled with great care. Nevertheless, we can make no guarantee as to the accuracy, completeness or up-to-date nature of the content. As a service provider we are obliged in accordance with Sec. 7 paragraph 1 of the TMG (German Telemedia Act) to ensure that our own content on these pages complies with general legislation. Pursuant to Secs. 8 to 10 of the TMG, we are not obliged as a service provider to monitor transmitted or stored external information or to look for indications of illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected. Any liability in this respect, however, is only possible from the moment we obtain knowledge of the specific breach of law. Upon notification of such violations, we will remove the content immediately.

 

Liability for links
Our site contains links to external websites over which we have no control. Therefore, we cannot accept any responsibility for their content. Individual providers or operators of the linked pages are always responsible for their content. The linked sites were checked for possible legal violations at the time they were linked. Illegal content was not detected at the time of linking. Continuous monitoring of the content of linked pages is not, however, reasonable without specific indications of a violation. Upon notification of violations, we will remove such links immediately.

 

Place of jurisdiction
The place of jurisdiction for all disputes arising from or around this contractual relationship is – to the extent legally permissible – the LG München I (Regional Court of Munich I). Both contract partiers will undertake mediation before a court dispute.

 

Privacy
The privacy policy can be found here

 

Further notes
The use of the contact data published within the framework of legal notice regulations by third parties for sending unsolicited advertisement and informational materials is hereby expressly excluded. The operators of the site reserve the right to take express legal steps in the case of unsolicited promotional information, such as spam emails. 

 

Severability clause
Should provisions of the terms of this contract or a provision included in the future become fully or partly invalid or unenforceable or subsequently lose their validity or enforceability, the validity of the remaining provisions shall remain unaffected. The same applies should it become apparent that the contract contains a regulatory gap. Instead of the invalid or unenforceable provision or to close the gap, the parties undertake to agree an appropriate regulation that, as far as legally possible, comes closest to that what the parties wanted or would have wanted according to the spirit and purpose of the contract, insofar as they would have considered this point on conclusion of the contract or on the subsequent inclusion of a provision. 

Any changes or additions to these General Terms and Conditions or to the contract must be made in writing. This shall also apply to the requirement for the written form.

 

Last update: May 2017