Legal Notice

Part I - General regulations

 

§1 Scope of application

 

(1) If you (hereinafter: ‘Customer’) receive newsletters/mailings from us, nextlevl research GmbH, Dwoberger Heuweg 50G in 27753 Delmenhorst

 

- receive newsletters / mailings

 

- and/or utilise services/services

 

- and/or enter into consulting/coaching contracts

 

- and/or book seminars/events with us,

 

the exclusive validity of these General Terms and Conditions (GTC) is agreed by us. We do not permit the utilisation of our offers without prior acceptance of our GTC.

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(2) Before utilising our services, you confirm that you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and that you are using our services exclusively for the purpose of establishing or expanding your (secondary) commercial activity or entering into contracts with us in this regard.

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(3) All agreements made between you and us in connection with the respective contract result from these terms and conditions and from individual agreements with you.

 

(4) The version of our General Terms and Conditions valid prior to the utilisation of our services shall apply.

 

(5) We do not accept deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

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§2 Subject matter of the contract

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(1) We offer our customers in particular the participation, provision and implementation of coaching, seminars and counselling services - multimedia, video-based, by telephone and also stationary. The coaching and consulting services are standardised or individualised, depending on your booking. The respective service description results directly from our offers.

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(2) We provide services for the client in the field of recruitment and management consultancy. Unless expressly agreed otherwise in writing, we do not owe the provision of work in this respect either. In particular, we can only forecast the success of certain measures on the basis of empirical values. The customer is aware that we do not owe any success in this respect. If a separate remuneration has been agreed for the achievement of a specific success of an advertising measure, this will be paid as a performance-related bonus. In principle, however, there is no entitlement to the achievement of a specific success.

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(3) With regard to the contents of a coaching, service and/or consulting contract entered into with us, we have a right to determine performance in accordance with § 315 BGB.

 

(4) The customer is obliged to co-operate within the framework of the contractual relationship. He shall provide the necessary co-operation immediately upon our first request.

 

§3 Conclusion of contract

 

(1) The presentation and advertising of our services on our websites, brochures or within adverts (e.g. on Facebook) does not constitute a binding offer to conclude a contract with us.

 

(2) The contract between us and the customer may be concluded by telephone (video chat, telephone, etc.) or in writing. If the contract is concluded by telephone, the customer shall not be entitled to receive the contents of the contract from us again in writing, unless otherwise agreed.

 

(3) Contracts between us and the customer are concluded by telephone through concurring declarations of intent. The customer agrees that we may record the telephone call with him and/or the respective video chat for evidence and documentation purposes.

 

(4) We will immediately confirm receipt of your orders and commissions placed via our websites / video chat by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared. This is particularly the case if you are granted direct access to your order (e.g. by accessing the password-protected participant platform).

 

(5) If it is not possible to provide the services you have ordered, for example for technical reasons, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you of this immediately and, if applicable, refund any consideration already received without delay.

 

§4 Prices and provision of services

 

(1) All prices quoted by us are always net prices and do not include statutory VAT.

 

(2) Our services shall be provided at the times specified in the main contract with the customer.

 

(3) Unless otherwise agreed with us, the customer is obliged to perform in advance. The agreed remuneration is due immediately upon conclusion of the contract.

 

§5 Cancellation, term

 

(1) The contract is concluded for the term agreed in the respective main contract.

 

(2) Unless otherwise agreed between us and the customer, the contract term shall be extended by the duration of the initial term unless one of the contracting parties has cancelled the contract at least 4 weeks before the end of the initial term or the extended term (= notice period). Cancellations must be made in writing to be effective.

 

(3) Early / free cancellation rights of the customer within the contract term are excluded.

 

(4) The right to terminate without notice for good cause remains unaffected.

 

(5) In the event of premature cancellation by the customer for good cause, our claim to remuneration shall remain unaffected. The customer reserves the right to prove that we have incurred no or significantly less damage.

 

§6 Delay

 

(1) Deadlines for the provision of services by us shall not commence until the invoice amount has been received by us in full and the data required for the services has been received by us in full in accordance with the agreement or the necessary cooperation has been provided in full.

 

(2) If the customer is in arrears with payments due, we reserve the right not to perform further services until the outstanding amount has been settled.

 

(3) If the customer is in arrears with a payment due to us in the case of payment by instalments, we shall be entitled to terminate the contract extraordinarily and discontinue the services. We shall claim the entire remuneration due by the next ordinary termination date as compensation. Any expenses saved shall be deducted.

 

§7 Fulfilment

 

(1) We shall perform the agreed services in accordance with the offer with the necessary care. We are authorised to use the assistance of third parties / service providers for this purpose.

 

(2) It is agreed that, unless otherwise explicitly agreed in writing, we owe the provision of services and not the production of a work.

 

(3) If we are prevented from providing the agreed services and the reasons for the hindrance originate from the customer's sphere, our claim to remuneration shall remain unaffected.

 

§8 Behaviour and consideration

 

(1) The customer must ensure the usual behaviour of an honest businessman towards us. We reserve the right to prosecute under civil law any unlawful and/or improper or unfounded statements about our company and our services, whether by customers, competitors or other third parties, in particular untrue factual claims and abusive criticism, and also to bring criminal charges without prior notice.

 

(2) When participating in our programmes and services, the customer must promote the trouble-free progress of the content and ensure this through commercially appropriate conduct towards us and the other participants. However, if the customer impairs the operation of our programmes and services through inappropriate behaviour, we will ask the customer once to remedy the impairment. In the event of recurrence, we shall then be entitled to temporarily or permanently exclude the customer from our programmes and services. Our claim to remuneration in these cases remains unaffected.

 

§9 Rights of use

 

(1) We have exclusive copyright utilisation rights to all images, videos, texts, webinars, databases etc. published by us (e.g. on Facebook or on password-protected platforms). Any use of this content is not permitted without our consent.

 

(2) The customer shall receive a simple right of use in relation to the content stored by us in the password-protected member area exclusively for the duration of the contract term. This right of use serves to fulfil the contract concluded individually with the customer.

 

(3) Access and logins to our programmes, content and platforms are provided to the customer exclusively for the duration of the booked contract term and, as a rule, on a strictly personal basis. It is strictly forbidden to pass on the provided access, login data and the contents of our member platforms to third parties not authorised by us vis-à-vis the customer. In the event of breaches of the aforementioned obligation, a reasonable contractual penalty, the amount of which shall be determined by us at our reasonable discretion depending on the programme and which may amount to up to EUR 15,000.00 in individual cases, shall be deemed to have been forfeited to us. Access by members of the customer's company/employees may be authorised in principle, but must be expressly approved and confirmed by us to the customer.

 

(4) By using our member platforms, the customer agrees to the evaluation of individual user behaviour and the collection of the associated data (including IP and MAC addresses), which may have a personal reference, on the respective platform by our company and the use of corresponding software for the duration of the contract term.

 

(5) The violation of our trade and business secrets as well as our copyrights will always be prosecuted under civil law and reported to the competent investigating authority under criminal law.

 

(6) The customer shall not receive any right of use in relation to advertising texts / adverts published by us on our websites or within forums / groups.

 

§10 Terms of payment, SEPA direct debit, invoice

 

(1) Payment for our services is generally due in full upon conclusion of the contract, unless otherwise agreed with the customer in the individual contract.

 

(2) You may choose to transfer the price owed to one of our specified accounts, issue us with a (SEPA) direct debit authorisation or pay by credit card. In the case of a (SEPA) direct debit authorisation or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the time specified in paragraph 1. A (SEPA) direct debit authorisation granted to us shall also apply to further orders until revoked.

 

(3) Payment for the booked services / consultations is only possible by means of advance payment using the SEPA direct debit procedure. For this purpose, you are obliged and declare your consent to send us a written SEPA direct debit mandate signed by you immediately after the telephone call to: info@nextlevl.de (in advance) and nextlevl research GmbH, Dwoberger Heuweg 50G in 27753 Delmenhorst (by post afterwards). Please use the following template for this purpose:

 

I authorise nextlevl research GmbH, Dwoberger Heuweg 50G in 27753 Delmenhorst, represented by the managing director Edgar Kary, and its vicarious agents to debit recurring payments due from my account

 

IBAN:

 

by means of SEPA Core Direct Debit. At the same time, I instruct my bank to honour the direct debits drawn on my account by nextlevl research GmbH, Dwoberger Heuweg 50G in 27753 Delmenhorst. I can demand reimbursement of the debited amount within eight weeks of the debit date. The conditions agreed with my bank for payments by direct debit under the SEPA Core Direct Debit Scheme apply.

 

First name and surname of the account holder

 

Street and house number of the account holder

 

Postcode and town

 

Credit institution (name and BIC)

 

IBAN:

 

Place, date

 

Signature of the account holder

 

(4) Entrepreneurs and merchants will receive an invoice for the booked services upon request (e-mail).

 

§11 Liability

 

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

 

(2) In other cases, we shall only be liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely, limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

 

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

 

(4) As part of its duty to co-operate, the customer is obliged to provide us only with image/video/sound material that is free from rights of third parties. In this respect, the customer shall indemnify us in full against any third-party claims due to the infringement of intellectual property rights.

 

§12 Right of cancellation

 

We only enter into contracts with entrepreneurs within the meaning of § 14 BGB. There is no right of cancellation for contracts entered into by telephone with entrepreneurs.

 

§13 Data protection, consent to data processing and making contact

 

(1) The protection of personal data is our top priority. We therefore provide separate information in our privacy policy on the collection, storage and processing of personal data and the rights of data subjects in this regard. You confirm that you have read our privacy policy before using our services and that you agree to it.

 

(2) You revocably consent to being contacted by our company by means of remote communication (e.g. email, SMS, telephone, messenger services). If you object to us contacting you, you must send us an email to: info@nextlevl.de. In your objection e-mail, you must specify all contact options via which we may no longer contact you. Any incompleteness in this regard will not be at our expense. The actual receipt of your e-mail by us is decisive.

 

(3) You revocably consent to the storage and processing of all personal data you provide to us (e.g. application form: name, address, telephone number, e-mail address). You revocably consent to the use of cookies within our services, to the evaluation, storage and consolidation of your user behaviour and to the processing and transmission of your personal data and user profiles left with us for marketing and advertising purposes to third-party companies from non-EU/EEA countries). Paragraph 2 and § 5 of our data protection policy apply with regard to cancellation.

 

§ 14 Participation in seminars and events

 

(1) If you book participation in seminars or events with us, your booking is binding. As a rule, we will confirm your booking by e-mail.

 

(2) The customer is only entitled to cancel his booking for good cause in accordance with the provisions of paragraph 3. The customer is obliged to provide us with qualified evidence of the good cause together with the cancellation notice.

 

(3) If we receive the cancellation notice up to 6 weeks before the start of the event in the event of an important reason, processing costs amounting to 35% of the respective participation fee will be charged. In the event of cancellation less than 6 weeks and up to 3 weeks before the start of the event, 50% of the participation fee will be due. In the event of cancellation (received by us) less than 3 weeks before the start of the event, the full participation fee will be charged. However, the customer reserves the right to prove that we have suffered no loss or a significantly lower loss than the aforementioned lump sums.

 

(4) A substitute participant may only be provided with our prior consent.

 

§ 15 Applicable law, place of jurisdiction

 

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

(2) The courts in Bremen shall have exclusive jurisdiction for all disputes arising from the contractual relationship between us and the customer. However, we shall also be entitled to assert our claims against the customer at the customer's general place of jurisdiction.

 

(3) The contractual language is German.

 

Part II - Special rules for participation in our services, coaching programmes, member platforms, seminars and training courses

 

§ 1 Netiquette

 

(1) Within the scope of the contractual relationship with our company, the customer must always treat other participants/customers and our employees with respect.

 

(2) In the event of culpable violations, we are entitled, after a one-off warning, to temporarily or permanently block the customer's access to our programme and training content at our reasonable discretion or to exclude the customer from participating in our seminars. In this case, the customer's contractual obligations towards us remain unaffected.

 

§ 2 Unauthorised account sharing

 

(1) The customer is not entitled to pass on the account received from us or the login data to our platforms / programme and training content to third parties, unless we have expressly agreed to such a transfer (for example with regard to permanent employees of the customer).

 

(2) We are authorised to permanently monitor access to our IT systems via IP matching. The use of technologies that disguise, otherwise falsify or anonymise the user's IP address when accessing our IT systems and programme and training content (e.g. Tor browsers) is prohibited.

 

(3) In the event of culpable violation of the obligations under paragraphs 1 and 2, we are entitled to temporarily or permanently block the customer's account to our systems at our reasonable discretion. The customer's contractual obligations towards us shall remain unaffected in this case.

 

(4) Unauthorised account sharing is a criminal offence which we will prosecute under civil and criminal law.

 

§ 3 Acquisition or enticement of other coaching participants

 

(1) In individual cases, the customer is permitted to acquire other coaching participants from our programmes for their own orders. However, systematic customer acquisition is prohibited. No coaching participant may be harassed by the customer's attempts at canvassing.

 

(2) In the event of culpable infringement, we shall be entitled, after a single warning, to exclude the customer temporarily or permanently from participation in our social media groups at our reasonable discretion. In this case, the customer's contractual obligations towards us remain unaffected.

 

§ Section 4 Prohibition of disclosure of internal information and trade secrets

 

(1) During our training sessions and live calls, other coaching participants may disclose internal company information and business details. In this respect, complete confidentiality must always be maintained towards external parties and third parties. Dissemination of this information is prohibited.

 

(2) In the event of repeated culpable infringement by the customer, we are entitled to temporarily or permanently block the customer's access and logins to our programmes, content and training courses at our reasonable discretion. The customer's contractual obligations towards us remain unaffected in this case.

 

§ 5 Prohibition of disruption of training and programme processes

 

(1) The customer is prohibited from taking any action that disrupts or impairs our training and programme processes and/or the customer experience of other participants. This applies both inside and outside the training structures provided by us.

 

(2) In the event of repeated culpable infringement by the customer, we are entitled to temporarily or permanently block the customer's access and logins to our programmes, content and training courses at our reasonable discretion. In this case, the customer's contractual obligations towards us shall remain unaffected.

 

GTC - Status: 01.01.2024