TERMS & CONDITIONS
General Terms & Conditions ORGANIC LIFE of GELTZ MEDIA ul. Blazeja 14 k/7, 61-608 Poznan in Poland, Europe, (hereinafter referred to as ORGANIC LIFE) are:
- General Provisions
1.1. The provisions of these General Terms & Conditions apply to all services performed by ORGANIC LIFE to Contract Partner to the extent that their applicability for each individual contract has not been excluded or limited by mutual consent.
1.2. These General Terms & Conditions form an integral part of each individual contract between the contract parties. Its provisions prevail over the provisions of these General Terms & Conditions.
- Order Placement and Conclusion of Contract
2.1. Each contract party shall bear its expenses for the preparation of offers (orders), cost estimates, etc.
2.2. Work in preparation of a contract to be concluded later and related to the main substance of the services to be defined contractually, has to be agreed with Contract Partner.
2.3. Contract Partner may place orders also by phone or in writing.
2.4. ORGANIC LIFE may accept orders also by phone or in writing.
2.5. ORGANIC LIFE has to record the order in a written order confirmation to be served to Contract Partner without undue delay.
2.6. If Contract Partner does not contradict the order confirmation by letter or email within two working days, the provisions contained in the order confirmation are deemed as agreed upon.
- Description and Performance of Services
3.1. ORGANIC LIFE services comprise: planning and performance of educational workshops, trainings and consulting or promotion orders. The individual contract defines case by case the scope, deadlines and remuneration for the services to be performed by ORGANIC LIFE.
3.2. As soon as any facts become apparent that may render performance of the contract questionable, Contract Parties immediately have to report in writing on these facts as well as possible measures to be considered by them.
3.3. To take effect, content modifications to a contractually agreed service require an agreement between Contract Parties to be concluded by the persons authorized to sign on behalf of each party. If possible, such agreements should be concluded in writing. If a written agreement is not feasible due to time pressure or other reasons, the agreement may be concluded by the aforementioned persons also by phone. In doing so, the content of the contract modification has to be worded in such a way that Contract Parties may promptly send each other the modified contract provision with identical wording via e-mail.
3.4. ORGANIC LIFE Sales Manager himself may make modifications related only to the performance of a contractually agreed service, e.g. a different sequence within a contractually agreed training program etc., without the service’s main substance being altered. He has to notify Contract Partner about such a modification immediately.
3.5. If during the performance of a contract a service becomes necessary which so far had not been defined and not agreed upon in the contract, ORGANIC LIFE has to reach an agreement with Contract Partner prior to its execution. If an agreement can be reached regarding the performance of this service, the respective remuneration has to be agreed upon simultaneously. For such an agreement the provisions contained in the last three sentences of par. 3.3. apply by way of analogy. If ORGANIC LIFE performs a service so far not defined and not agreed upon in the contract without prior agreement, Contract Partner is not obliged to pay a remuneration for this Service.
3.6. If Contract Partner does not in due time fullfil his obligation to co-operate, without which ORGANIC LIFE is unable to perform its service, the ORGANIC LIFE services deadlines are extended by the period of the delay thus caused.
3.7. ORGANIC LIFE only employs carefully selected and well trained personnel and will – upon request by Contract Partner – replace personnel adversely affecting performance of the contract within a reasonable period.
3.8. Contract Partner will formally accept the service at the latest 2 weeks following performance of the work. If ORGANIC LIFE services are accepted without objection, this is deemed as formal acceptance of the respective Service.
3.9. Minor defects do not entitle refusal of formal acceptance of a service. Rescission, withdrawal and price reduction by Ordering Party are only permissible, if despite prior written notification of the defects and granting of a reasonable extension, improvement attempts by Contractor fail.
- ORGANIC LIFE Copyrights
4.1. ORGANIC LIFE copyrights as well as all exploitation rights regarding the services (working materials e.g. in the meaning of Sec. 2.2. and/or the contractually specified service, as e.g. an expert opinion) remain with ORGANIC LIFE without Limitation.
4.2. Contract Partner is not entitled to disseminate these materials to external third parties.
4.3. He will use these materials exclusively for his own purposes and not – neither directly nor indirectly – for purposes of third parties. However, he is prohibited from using these materials to run seminars/programs etc. independently, even within his own field.
- Remuneration and Mode of Payment
5.1. Regarding remuneration reference is made to the ORGANIC LIFE offers.
5.2. The service specified in the individual contract will be invoiced before commencement of the service. If the service is divisible, this provision applies also to part-performances – this applies to ORGANIC LIFE services for which remuneration is calculated on the basis of show rates, such as e.g. for seminars, workshops etc. In these cases the remuneration will be invoiced for each show immediately after its end.
5.3. A possible Value Added Tax is to be shown separately.
5.4. Full prepayments to be agreed in the order contract.
5.5. Invoices containing factual or errors do not fall due prior to their agreed correction and can be returned by Contract Partner at any time. Only upon receipt of the corrected invoice will payment fall due.
5.6. If not agreed otherwise, remuneration shall be due and payable without any deduction within 7 days from invoicing.
5.7. In case of default in remuneration payment, a default interest of 1% per month will be charged.
6.1. ORGANIC LIFE warrants that it performs the contractually specified service in accordance with the latest state of the art and the latest acknowledged guidelines and proven rules of business education.
6.2. The warranty relates only to the proper performance of the contractually agreed Service.
6.3. Besides, the statutory warranty provisions apply.
7.1. ORGANIC LIFE commits to keep in confidence all person-related data of Contract Partner’s employees which become known to it on the occasion of contract conclusion and in connection with
7.2. ORGANIC LIFE and Contract Partner will maintain silence about all events which usually fall under the rule of confidential treatment. This applies in particular to all business and trade secrets of which the other Contract Party becomes Aware.
7.3. The obligation to secrecy and confidential treatment also covers documents provided to ORGANIC LIFE or Contract Partner, respectively.
7.4. ORGANIC LIFE may use company-specific documents of Contract Partner only for purposes of Contract Partner and contract Performance.
7.5. Contract Partner may use company-specific documents of ORGANIC LIFE – including also drafts to prepare the service later contractually specified (see Sec. 2.) – for its own purposes only with the written consent of ORGANIC LIFE . Regarding copyrights etc. see Sec. 4 above.
7.6. In case of doubt whether or not a fact falls under the confidentiality obligation, it has to be treated as confidential.
7.7. Also after termination of the contract, both Parties are obligated not to disclose confidential information. Contract Parties will use facts that are to be kept in confidence neither for their own nor for third-party purposes.
7.8. Both Contract Parties are committed to transfer the obligation not to disclose confidential information as contained in the preceding paragraphs to all persons whom they use to perform their services. In case of violation of this obligation by ORGANIC LIFE, there is liability for damages – irrespective of fault – vis-a-vis Contract Partner in pursuing its damage claims against persons having violated the confidentiality Obligation.
7.9. After termination of the contract relationship each Contract Party shall return immediately to the other Party the originals of its documents.
- Non-Solicitation Agreement
8.1. The relationship between Contract Partner and ORGANIC LIFE is based on mutual loyalty.
8.2. Each Contract Party reserves the right to claim damages exceeding the Penalty.
- Other Provisions
9.1. To be legally effective, modifications of or amendments to the General Terms and Conditions themselves shall be made in writing. A waiver of this requirement can only be agreed upon in writing.
9.2. All rights and obligations resulting from these General Terms and Conditions are transferred to possible (single and/or universal) legal successors.
9.3. For possible legal disputes the jurisdiction of the competent court in Poznan is stipulated.
9.4. Polish law applies.
9.5. If an individual provision of these General Terms and Conditions is or becomes invalid or ineffective, Contract Parties shall mutually agree on a valid or effective provision the economic effect of which is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of a provision has no effect on the validity or effectiveness of the General Terms and Conditions.
9.6. Besides, statutory legal provisions apply.
9.7. This contract is executed in duplicate. Each Contract Party shall receive one copy.
9.8. ORGANIC LIFE is entitled to – unless it is explicitly prohibited to do so – to list the names and logos of the contract partner as a reference in its own advertising materials, brochures, presentations etc.
- Open Trainings, Courses and Coaching
10.1. Registration: You can register by sending an e-mail to firstname.lastname@example.org. Each registration is binding.
10.2. Participation fee: Our prices include duration of the speaking session (snacks and printed materials are not included). Not included in the participation fee are any overnight costs including dinner and breakfast, your local consumption and other additional costs. In the case of any events of our cooperation partners, the respective provisions of the cooperation partner apply with regard to catering. Our prices are exclusive of VAT.
10.3. Cancellation: Since our trainers and we plan long-term, we ask for your understanding that a cancellation after a successful order or registration (regardless of the reasons for your cancellation) causes costs for you in the following cases: Training/Workshop: A cancellation up to 4 weeks before the start of the event is free of charge, after that we charge 80% of the costs respectively one week (5 working days) before the start of the event the full costs. For events of our cooperation partners, the respective cancellation conditions of the cooperation partner apply, provided you receive the invoice from him. Coaching: A cancellation/postponement up to 48 hours before the coaching is free of charge. Thereafter, we will invoice the entire agreed coaching unit. Please understand that cancellations and postponements can only be accepted in writing.
10.4. Terms of payment: Our invoices are payable without deduction upon invoicing. In the event of late payment, we will charge all actual dunning and collection charges as well as 12% default interest. The client is not entitled to withhold payments or to offset them against his own claims.
10.5. Cancellations by ORGANIC LIFE : ORGANIC LIFE may cancel events due to the absence of trainers due to illness and circumstances beyond ORGANIC LIFE’s control and may not be held liable for the non-occurrence of an event. Changes in the open ORGANIC LIFE program: ORGANIC LIFE accepts no liability for printing and spelling mistakes in publications and on the homepage. The minimum number of participants for open seminars and courses depends on the seminar or course. For organizational reasons, we reserve the right to change the seminar location, the date or the trainer or to cancel a seminar. The participants will be informed by telephone or e-mail about the change/cancellation and possible alternatives.
10.6. Copyright: The documents provided by us are and remain intellectual property of ORGANIC LIFE and are exclusively available to our participants for their personal use as users of the learnt material (i.e. not for e.g. commercial purposes as trainers). The distribution and use of this material beyond this – also within the company – is subject to our prior written consent.
10.7. Cooperation: All our trainers and consultants have a contractual relationship with ORGANIC LIFE. The client is not entitled to arrange for the acceptance of orders on his own account.
10.8. Confidentiality: We work for different companies that often compete with each other. Our trainers and employees are bound to absolute secrecy – this naturally also applies to incidents in the personal sphere.
10.9. Data protection: Data protection and data security are important to us. You agree that the data of your company, which is collected within the framework of the cooperation, will be included in the ORGANIC LIFE database. Please note that we use the e-mail addresses of our customers and business partners to inform you about news, event dates, offers, etc. If this is not desired, this can be prevented at any time by sending a written message to email@example.com.
10.10. Place of jurisdiction: For all disputes that cannot be settled by consensus, the competent court in Poznan in Poland shall be the agreed place of jurisdiction.