§1 Definitions and validity of the terms and conditions
The service provider within the meaning of the following terms and conditions is SIECK consulting, Hartmut Sieck, hereinafter abbreviated to SC. Seminar participants and clients of the service provider are referred to as customers. In any case, the customer is exclusively the contractual partner.These terms and conditions are the basis for all performance and services between SC and the customer. They therefore also apply to all future business relationships, even if they are not expressly agreed upon again. Deviations from these terms and conditions are only effective if they are confirmed in writing by the service provider.
§2 Performance
SC provides services in particular in the form of analysis, consulting, design, workshops and training seminars. The scope, form, subject matter and objective of the services are specified in detail in the respective contract between the client and the contractor.
A basic distinction is made between:
-open seminars, in which different clients are served on the same date, and -in-house services, in which employees of a client are advised, trained or „coached“.
SC carries out all work carefully and in compliance with general industry-specific principles and in accordance with agreed topics.
The contracts concluded by us are service contracts, unless otherwise expressly agreed. The object of the contract is therefore the provision of the agreed services, not the achievement of a specific result. In particular, we do not owe a specific economic outcome. Our statements and recommendations prepare the client’s business decision. You can’t replace them in any case.
§3 Confidential Information, Data Protection
The Contracting Parties shall treat essential and not generally known matters of the other Contracting Party with the confidentiality customary in business life.
The contractual partners will only process or use the personal data of the other contractual partner for contractually agreed purposes.
In particular, they will secure this data against unauthorised access and only pass it on to third parties with the consent of the other contractual partner.
Customer agrees that SC may store, process and use its contact information, including names, telephone numbers, email addresses, and other data necessary for the performance of the contract. Insofar as the Contractor makes use of third parties for the provision of services that serve the purpose set out in the contract, the Contractor is entitled to disclose the Client’s data to the third party.
§4 Copyrights
Workbooks, documents and electronic training media accompanying the seminar are subject to copyright and may not be reproduced photomechanically or electronically at any time and under any circumstances. They are intended only for the personal use of the participants and may not be passed on to third parties.
§5 Obligation to cooperate
In the event of any disruptions in performance, the contractual partners undertake to do everything reasonable for them to contribute to the elimination or limitation of the disruption.
§6 Liability
(1) Counselling and training are carefully prepared and carried out according to the current state of knowledge. SC assumes no liability for the advice given and the use of the knowledge acquired. SC assumes no responsibility for disadvantages that may arise for the participants due to the lack of seminar requirements.
(2) In cases of intent or gross negligence on the part of SC or a representative or vicarious agent, SC shall be liable in accordance with the statutory provisions. In all other respects, SC is only liable under the Product Liability Act; due to injury to life, limb or health; due to the culpable breach of essential contractual obligations. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless at the same time there is a further case of mandatory liability according to sentences 1 or 2.
(3) The provisions of paragraph 2 above shall apply to all claims for damages (in particular to damages in addition to performance and damages in lieu of performance), regardless of the legal grounds, in particular due to defects, breach of obligations arising from the contractual relationship or from tortious acts. It also applies to the claim for reimbursement of futile expenses.
(4) A change in the burden of proof to the detriment of SC’s contractual partner is not associated with the above provisions.
§7 Open Seminars
§7.1 RegistrationSC only accepts written registrations for the entire open training and seminar offer. The customer can use the pre-printed form on the SC website for registration or declare his participation in the seminar by letter, email, fax or registration form on the Internet. By registering, the customer offers SC the conclusion of a binding contract. The contract enters into force upon written confirmation by SC. If this is not received within 10 days of registration, SC will be informed by the customer.
All prices for open seminars are in Euro (€) and include the following services, unless other conditions are expressly referred to in the offer:
Trainer fees, training equipment, room rentals, etc. as well as costs that directly affect SCparticipant material and documents handed over by the speakerLunch and conference drinks for the duration of the seminar
§7.2 Terms of payment
After registration, the participant will receive an invoice. The invoice amount is due immediately upon receipt of the invoice.
§7.3 Group bookingsIn the case of two or more participants per open seminar of a company (group booking), SC grants a discount of 5% of the advertised seminar price from the 2nd participant of the group booking.
§7.4 Cancellation
It is not possible to cancel participation free of charge. If the registered participant is unable to attend the seminar, he or she is free to send a representative.
§7.5 Deviations from implementation
For good cause, SC is entitled to appoint a substitute trainer, to make minor changes to the seminar content and to postpone dates and locations in the case of open seminars. Dates and locations will be announced in good time. If, as a result, a registered participant is unable to attend the seminar, he or she can withdraw from the contract free of charge.
Due to illness of the trainer, force majeure or other unforeseeable events, there is no entitlement to a performance. In this case, SC will make every effort to offer a replacement. There is no entitlement to reimbursement of travel and accommodation costs or loss of work. We are not liable for indirect damages, in particular loss of profit or claims by third parties.
§8 In-house seminars, consulting, lectures and coaching
§8.1 Offer binding periodWritten offers remain valid for three months. The constitutional date of the offer applies.
§8.2 Placing of ordersConsultancy and training activities are generally carried out on the basis of concluded contracts or legally valid orders or registrations issued in writing. In addition to the task and definition of the scope of services, these must include the deadlines to be met, the agreed remuneration and the payment modalities.
§8.3 CancellationDates for in-house seminars, consulting days, lectures and coaching sessions confirmed in writing can be cancelled free of charge up to 30 days before the event.
For last-minute cancellations, the following cancellation fees apply:
- < 7 days before the seminar 100% of the agreed fee
- 8 … 14 days before the seminar 50% of the agreed fee
- 15 … 21 days before seminar 25% of the agreed fee
- 22 … 29 days before the seminar 10% of the agreed fee
- = 30 days before the seminar free of charge
Costs for third-party services are generally borne by the customer.
§8.4 Fees and costsThe fee for the Contractor’s services is calculated according to the time spent on the activity (time fee) or agreed in writing as a fixed price. The first contact with the client is free of charge.
A daily fee is agreed for each day or part thereof for meetings, analyses, workshop and seminar preparations and other tasks that are to be carried out jointly with the client or third parties.
For workshops and seminars, a daily or flat fee is agreed. Other expenses, including subsistence and travel expenses, will be charged additionally.
Any accommodation and meals that may be necessary for the client must be booked by the client himself and paid for separately.
In the case of internal company measures, the client is obliged to provide suitable rooms and necessary technical equipment free of charge.
All prices are net prices without VAT. VAT will be invoiced at the VAT rate applicable at the time of performance.
Several principals (natural and/or legal persons) are jointly and severally liable.
§8.5 Terms of paymentInvoices for in-house trainings, management consultancies, lectures and coaching sessions are payable immediately upon receipt without deduction. If the invoice amount has not been received within 30 days of the invoice date, SC is entitled to claim default interest. Interest on arrears is 10% p.a.
Payments are generally free of charge for the recipient. This also applies to payments from abroad and even if a transaction fee is incurred. The costs of payment transactions are always borne by the initiator of the transaction.
All fees are exclusive of the VAT applicable at the time of the service and documented travel expenses. If the VAT rate is changed within the contract period, the periods with the respective VAT rates are deemed to have been agreed separately.
§8.6 Modification of the scope of servicesEach of the contracting parties may request changes to the agreed scope of services from the other contracting party in writing. The content and sequence of the seminar program as well as the use of the trainers can be changed while preserving the overall character of the seminar. This does not entitle the participant to withdraw from the contract or to reduce the invoice amount.
§8.7 Cancellation
Due to illness of the trainer, force majeure or other unforeseeable events, there is no entitlement to a performance. In this case, SC will make every effort to offer a replacement. There is no entitlement to reimbursement of travel and accommodation costs or loss of work. We shall not be liable for indirect damages, in particular loss of profit or claims by third parties.
§9 SIECK consulting Shop / Online academy
§9.1 Terms of paymentInvoices for orders placed in the shop are payable immediately upon receipt without deduction. If the invoice amount has not been received within 30 days of the invoice date, SC is entitled to claim default interest. The default interest amounts to 10% p.a.
§10 Place of jurisdiction
The place of jurisdiction is Benningen am Neckar.
§11 Final Provisions
Our business and legal relations between SC and the customer are governed by the laws of the Federal Republic of Germany. Agreements negotiated differently are only valid if they have been agreed in writing.
Last updated: March 2024